- (1.) These two applications are at the instance of the plaintiff and are directed against the order no.39 dated March 1, 2008 and order no.50 dated August 13, 2008 both passed by the learned Civil Judge (Junior Division), First Court, at Midnapore in Title Suit No.172 of 2005.
(2.) Since both the applications are related to the same matter as to payment arrears of rent and they are inter-related, both the applications are taken up together for hearing and they are disposed of by this common judgment.
(3.) For convenience, I am taking up the C.O. No.3119 of 2008. The plaintiff/petitioner herein has challenged the order passed on the application under Section 7(2) of the West Bengal Premises Tenancy Act, 1997. By the impugned order, the learned Trial Judge has observed that the defendant is not a defaulter in respect of payment of rent till date. Being aggrieved by the said order, this application has been preferred. Mr. Mahato, learned Advocate appearing on behalf of the petitioner, contends that the rent was Rs.170/- at the earlier stage. Subsequently, it was enhanced to Rs.200/- per month and the defendant/tenant has been depositing the same with the Court. There is no dispute at present as to the quantum of rent in respect of the suit premises. He submits that the suit was filed for eviction against the opposite parties on the ground of building, re-building, default in payment of rent since September, 2004. But the learned Trial Judge has observed that there is no arrears of rent. He also submits that the plaintiff became the owner of the suit premises by dint of Will in September, 2004. So, the defendant was required to deposit all the arrears of rent since the period of default and it is the specific case of the plaintiff that the defendant is a defaulter since September, 2004.;