Debabrata Mookerjee, J. - (1.) This is an application under section 25 of the Small Cause Court Act directed against an order of the Additional Small Cause Court Judge, Sealdah, dated the 27th April, 1955, decreeing the suit of the plaintiff-opposite party in the sum of Rs. 251-14-0 with costs.
(2.) The opposite party is a tenant under the petitioner, who is the landlord of premises No. 38B, Pratapaditya Road. The tenant is in occupation of the front block of the premises at a monthly rent of Rs. 36. The portion in occupation of the opposite party having fallen into disrepair, an application was made to the Rent Controller under section 38 of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950, for orders requiring the landlord to make certain essential repairs and there was a further prayer that in the event of the landlord refusing to carry out those repairs, permission might be given to the tenant opposite party to make them. In the proceedings thus instituted, an estimate was filed by the tenant in occupation and the Controller, before whom the proceedings were had, approved of the estimate after giving an opportunity to the petitioner landlord of being heard in the matter and allowed a sum of Rs. 263-6-0 as costs which might be incurred on account of the repairs. Thereafter the opposite party employed a contractor and carried out the repairs. The petitioner landlord having refused to pay the amount expended on account of the repairs thus made in spite of demands, the present suit was filed before the Small Cause Court Judge, at Sealdah, claiming that the plaintiff was entitled to a decree for the sum, so expended and costs.
(3.) In the suit thus instituted before the Small Cause Court Judge, evidence was adduced by the plaintiff for the purpose of proving the claim to the amount which had been expended on account of repairs. The contractor's bills were produced and proved in due course. In support of the bill, the contractor was examined before the learned Judge.;