MAKHAN LAL BOSE Vs. CHARUPAMA DEBI
HIGH COURT OF CALCUTTA
MAKHAN LAL BOSE
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Anil K. Sen, J. -
(1.) This is a revisional application at the instance of the defendant in a suit for eviction being Title Suit No. 146 of 1976 of the 6th Court of the learned Munsif at Alipore. The order impugned is one dated 8-1-80, passed by the learned Munsif disposing of the defendant's application under Section 17 (2) of the West Bengal Premises Tenancy Act.
(2.) The plaintiffs-opposite parties instituted the suit for eviction on the ground amongst others of default. After appearance, the tenant-defendant filed an application under Section 17 (2) of the West Bengal Premises Tenancy Act, raising various disputes. One of the disputes raised was to the effect that there exists no relationship of landlord and tenant between the plaintiffs and the defendant. The other dispute raised was with regard to the quantum of arrears. According to the defendant, he had advanced a sum of Rs. 6,350.00 to the landlords on a specific agreement that the said amount would be adjusted against monthly rents due and payable by the defendant on and from the month of May 1970. That amount was taken loan of by the landlords for effecting repair to the premises as they were short of funds. It was further claimed by the tenant-defendant in this application under Section 17 (2) of the Act that notwithstanding such advance the landlords effected no repairs and, as such, he himself was compelled to effect repairs at a total cost of Rs. 1,950.00. He claimed that he is entitled to claim adjustment of the above two amounts of Rs. 6,350.00 and Rs. 1,950.00. He further claimed adjustment of a sum of Rupees 329.73 towards the Corporation taxes paid by him on behalf of the landlords.
(3.) This application was strongly contested by the plaintiffs-landlords both on merits and on the technical objection that such a claim of adjustment is not admissible in an application under Section 17 (2) of the Act.;
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