A.P.SINGH, J. - (1.) R.D.Case No.10/94 was registered by the Munsiff No. 1 Karimganj on an application filed by the petitioner for permission to deposit rent in Court in respect of house standing on Holding No. 85 of Nelambazar carrying monthly rent of Rs.100/-. According to the plaintiff/appellant he had been paying rent of the disputed holding to the landlord defendant-respondent but the rent receipts along with the house in suit was destroyed in fire whereupon he demanded from the respondent to re-issue the rent receipts which the respondent denied, thereafter petitioner wanted to pay the rent of the holding a fresh but the landlord refused to accept it was in these circumstances petitioner deposited rent in the Court U/s 5(4) of the Assam Urban Areas Rent Control Act 1972.
(2.) Before the trial Court an issue was by the landlord regarding applicability of the Act to the house in suit. According to him since the holding was situate in rural areas the Act did not apply to it hence the rent could not be deposited in the Court. The trial Court decided the issue against the petitioner but upheld the deposit of the rent U/s 114 of the Transfer of Property Act, 1884. For coming to the above conclusion regarding applicability of the T.P. Act reliance was placed by the learned Munsiff on a judgment of Calcutta High Court rendered in L.S.M.Ltd.-Vs-Ibrahim (1985) Cal -428- 62 CWN- 753 wherein it was held that even if the tenant is unable to get the protection of the Rent Control Act, it may still be possible for him to get the special relief U/s 114 of the Transfer of Property Act, 1884. Aggrieved by the view taken by the Munsiff the landlord filed appeal. On defendant's appeal the lower appellate Court set aside the order passed by the trial Court taking the view that in view of the non-applicablity of the provisions of Urban Areas Rent Control Act, 1972 deposit of rent under Section 5 of the said Act was impossible. He also held that deposit of rent could not be justified under the provisions of Section 114 of the Transfer of Property Act, 1882 as the course to that Section had not been taken by the petitioner at the time of making of the deposit of rent. Petitioner has thus come to this Court by way of revision U/ s.115 of the C.P.C.
(3.) Mr.AS.Choudhury, learned counsel for the petitioner contended that notwithstanding the fact that provisions of Urban Areas Rent Control Act were not applicable to the holding in question still the petitioner was fully entitled to make the deposit of the rent in Court under the provisions of Section 114 of the T.P. Act. According to him, the view taken by the learned lower appellate Court was contrary to law hence petitioners prayer is that the impugned judgment and order be set aside.;