Kurian, J. - (1.) C.A. NOS. 7544-7546/2008 The appellant is aggrieved since he has been denied interest for the arrears of rent vide order dated 22.05.2006 passed by the City Civil Court at Calcutta in the Ejectment Suit No.717 of 1992. To the extent relevant, the order reads as follows:- "That the petitions filed by the defendant under Section 17(2) and 17(2A) (b) of the West Bengal Premises Tenancy Act are allowed on contest without any cost. The petition filed by the defendant for abatement of rent is dismissed on contest. The defendant is a defaulter in payment of rent since November, 1990 @ Rs. 19,000/- per month. Thus the total defaulting period is 186 months i.e. since November, 1990 to April, 2006. Thus the total amount of rent payable by the defendant is Rs. 19,000/- x 186 = Rs. 35,34,000/-. From the submission of the ld. Lawyer it is available that the defendant already paid Rs. 5 lakhs as per order of the Hon'ble Court. So the due amount is Rs. 35,34,000/- - Rs. 6,00,000/- = Rs.29,34,000/-. The defendant is directed to pay the above said arrear rents by ten monthly installments @ Rs. 3,00,000/- per installment along with current rent. The last installment will be Rs. 2,34,000/-. Each installment is to be paid within the last working day of each month. The first installment is to be paid by 30th June, 2006."
(2.) Since the appellant was denied interest, the matter was pursued before the High Court. However, the High Court declined to interfere with the order passed by the City Civil Court and hence this appeal.
(3.) It is not in dispute that the respondent/tenant was permitted to pay the arrears of rent in installments. No doubt, there was a defence taken by the respondent that the default in payment of the arrears of rent was on account of the conduct of the appellant/landlord in denying amenities. Yet the City Civil Court has directed the respondent/tenant to pay the arrears of rent in installments and there was no appeal at the instance of the respondent/tenant.;