- (1.) In this Rule, the tenant, Petitioner, challenges two orders of the learned munsif, 1st Additional Court, Alipore, one dated April 11, 1951, allowing his application under Section 6 of the new West Bengal Act LXII of 1950 for rescission of an ejectment decree passed against him on September 25, 1950, but directing him to deposit a sum of Rs. 313-15-3p. within fifteen days and the other dated June 8, 1951, rejecting his application under Section 151 of the Code of Civil Procedure for accepting the deposit, then offered to be made, by enlarging the time given under the previous order, dated April 11, 1951.
(2.) The relevant circumstances may be shortly stated as follows: The landlord, opposite party, brought the ejectment suit against the tenant, Petitioner, on May 13, 1949, alleging that the tenancy had been ipso facto determined under the Rent Control Act of 1948 then in force. This suit was decreed ex parte on September 25, 1950. In the meantime, the Rent Control Act, 1950 (W. Ben. XVII of 1950) had come into force and this Act was later amended by West Bengal Act LXII of 1950, to which reference has been made above. On January 22, 1951, the Petitioner applied under Section 5 of this new Rent Control (Amendment) Act of 1950 (W. Ben. LXII of 1950) for rescission of the ejectment decree. This was allowed on April 11, 1951, and the Petitioner was directed to make the requisite deposit, viz., deposit of a sum of Rs. 313-15-3 within fifteen days. The deposit was not made within the time allowed but the court, instead of passing any final orders in the matter, directed it to be put up for further orders on May 7, 1951. On May 5, 1951, the tenant Petitioner filed an application under Section 151 of the Code of Civil Procedure offering to make the deposit forthwith and praying for acceptance of the same upon enlargement of the time given therefore by the previous order, dated April 11, 1951. This application was eventually fixed for hearing in June, 1951, and meanwhile the tenant Petitioner made the deposit at his risk on May 17, 1951. Thereafter, by his order, dated June 5, 1951, the learned Munsif dismissed the Petitioner's application under Section 151 of the Code of Civil Procedure. The present Rule was then obtained from this Court on June 21, 1951.
(3.) From what I have stated above, it is quite clear that Section 151 of the Code of Civil Procedure can have no application to this case. The order, dated April 11, 1951, was passed on an application under Section 6 of the West Bengal Act LXII of 1950. Under that section, the court may grant appropriate relief under Section 18 of the Rent Control Act of 1950 (W. Ben. XVII of 1950). This relief can be granted either under Section 18, Sub-sections (1) to (4) or under Sub-section (5) of the said section read with Section 14 of the Act. In either case, however, the law clearly contemplates that whatever time is given to the tenant to make the requisite deposit that time is final and, therefore, cannot be extended by the court under Section 151 of the Code of Civil Procedure. The learned munsif was, therefore, right in rejecting the Petitioner's application under Section 151 of the Code and that order cannot be touched.;