Padma Khastagir, J. - (1.) This application has been taken out by the defendant, Modula India, for an order granting leave to the petitioner to pay the arrears of rent to the tune of Rs. 15,000/- by monthly instalments of Rupees 1,000/- along with current rents. The present suit has been filed by the plaintiff against the defendant, inter alia, for a decree for vacant and peaceful possession of flat no. 3 of the ground floor of premises No. 3E, Camac Street, Calcutta a decree for Rs. 40,950.00/- towards the arrears of rent; a decree for mesne profit at the rate of Rs. 75/- per diem and for other consequential reliefs. The writ of summons was served on the defendant on 25th September, 1979 and the defendant entered appearance through Duby & Company on 26th November, 1979. Thereafter on 25th October, 1979 the petitioner took out an application for leave to pay or deposit the arrears of rent for the months from March 1978 by instalment of Rs. 1,000/- per month and for other consequential reliefs. On 13th November, 1979 the plaintiff took out an application for final judgment and no order was passed on the plaintiff's application for final judgment. Mr. Justice A.N. Sen, as he then was, on 18th of December, 1979 directed the defendant on its application to pay the arrears of rent for the sum of Rs. 23,000/- in the following manner:- Rs. 8,000/- by the end of December, 1979, Rs. 5,000/- by the end of January, 1980, Rs. 5,100/- by the end of February, 1980, Rs. 5,000/- by the end of March, 1980.
(2.) Pursuant to the said order the petitioner paid to the Advocate-on-record of the plaintiff a gum of Rs. 8,000/-. Thereafter the petitioner forwarded a sum of Rs. 1,000/- to M/s. T.C. Roy and Company on 29th January, 1980 on account of rent for the month of January pursuant to the order dated December 18, 1979. Thereafter the petitioner has failed to make any payment under the said order and have stated in the petition that because of the market position of the petitioner's business the petitioner is not in a position to pay in terms of the order dated December 18, 1979 ; hence the present application has been taken out for an order enabling the petitioner to pay the arrears of rent by monthly instalment of Rs. 1,000/- only and also for enhancing the time to make such instalment payments.
(3.) Mr. Ajoy Nath Roy appeared in support of this application and submitted that under Section 17(2A) of the West Bengal Premises Tenancy Act, the Court has ample power to extend the time for payment of the arrears of rent and in that respect he craved reference to a cate reported in Sikharani v. Nibaran, 78 C.W.N 435 , where R.N. Bhattacharyya, J. held that "the Court has power to extend the time for the deposit of arrears of rent more than once under section 17(2A) of the West Bengal Premises Tenancy Act, 1956 if an application is made within the extended time and the Court think it expedient or necessary for the ends of justice to do so.;