- (1.)THIS revisional application is at the instance of the landlord and is directed against the order No. 18 dated September, 22, 1983 passed by the Learned Sub-Ordinate Judge in the title suit no. 84 of 1982 instituted by the landlord, who is the petitioner before us for eviction order opposite party as also for mesne profits.
(2.)THE defendant opposite-party was inducted as a monthly tenant under the plaintiff from 1st May, 1978 in respect of flat No. A/1/5 of the premises no. 24, mandevilla Gardens, Calcutta together with a parking space at a monthly rental of Rs. 850/- per month and Rs. 350/- on account of fittings, fans and service charges per month according to English Calender. According to the landlord petitioner the tenant opposite-party has not paid any rent and service charges from January, 1981. A suit for eviction being the Title Suit No. 84 of 1982 was filed against the opposite party on the ground of default.
(3.)IN the said title suit, the opposite party trade two applications, one under Section 17 (2) of the West Bengal Premises Tenancy act, 1956 (hereinafter referred to as the said Act) for adjudication of rent as there was a dispute between the parties regarding the rate of rent and the arrears of rent, and the other application under Section 17 (2a) (b) of the said Act praying for permission to deposit the amount of arrears of rent found due and payable in monthly installment of Rs. 400/- per month.