PRASENJIT MANDAL,J - (1.) THIS application is at the instance of the opposite party / landlord and is directed against the Order dated July 28, 2005 passed by the Additional Rent Controller, Barrackpore in HRC No.484 of 2002 thereby directing the tenant / opposite party herein to deposit the rent in the Court of Additional Rent Controller, Barrackpore at his own risk. Being aggrieved by such order, the landlord has preferred this application.
(2.) THE opposite party herein has claimed that he has been occupying a tiled-shed room with pucca walls along with a varendah on the front side, a portion whereof is being covered as a kitchen with common user of bathroom, privy and Municipal tap water. A dispute arose between the tenant and the landlord / petitioner herein regarding payment of rent and for that reason, the petitioner approached the Additional Rent Controller, Barrackpore for deposit of rent and that prayer was granted by the impugned order. Being aggrieved by such order, this application has been preferred. Upon hearing both the sides and on perusal of the materials on record, I find that the said application comes within the provisions of Section 21 of the West Bengal Premises Tenancy Act, 1997. Any dispute regarding rent between a landlord and a tenant is to be dealt with under Section 21 when there is no suit at all. If any party has any grievance against an order under Section 21 of the said 1997 Act, the tenant is to approach the Tribunal for redress and this Hon'ble Court is not the proper Forum against an order of the Rent Controller. In this regard, Mr. Amar Nath Das, learned Advocate for the opposite party, has referred to the decision of Dipak Kumar Singh v. State of West Bengal & ors. reported in 2008(2) CHN 943 and this decision is based on the decision of State of West Bengal v. Ashish Kumar Roy & ors. reported in (2005)10 SCC 110.
(3.) HAVING considered the above settled position of law, I am of the view that this Court is not in a position to entertain an application against an order passed by the Additional Rent Controller in dealing with an application under Section 21 of the West Bengal Premises Tenancy Act. Accordingly, it is held that this application is not maintainable before this Forum. Therefore, I have no other alternative but to dismiss the application.;