Harish Tandon, J. - (1.) This revisional application is directed against an order No. 14 dated 3.1.2011 passed by the learned Judge, 5th Bench, Small Causes Court, Calcutta in ejectment suit no 279 of 2006 by which an application under Sec. of the West Bengal Premises Tenancy Act 1997 was disposed of.
(2.) The petitioner instituted a suit for recovery of possession on the ground of default in payment of rent against the opposite party. According to the petitioner, the opposite party being a monthly tenant is defaulter in payment of rent since the month of April 2003. It is a specific case of the petitioner that a notice under Sec. of the said Act was served upon the opposite party and as such the opposite party was obliged to pay the enhanced rent to the petitioner.
(3.) The opposite party filed an application under Sec. of the said Act disputing the rate of rent and also the factum of default. It is a specific case of the defendant/opposite party that the rent was paid to the landlord @ Rs. 195 per month till the month of March 2003 against the rent receipt. The rent for the month of April 2003 was tendered to the petitioner who refused to accept the same. Thereafter the rent for the said month was again tendered by money order which, upon refusal, is being deposited in the office of the Rent Controller, Kolkata. It is further stated in the said application that the rent is inclusive of the maintenance charges as well as the corporation tax.;