BHOLA SINGH Vs. GOSTO BEHARI SARKAR

JUDGEMENT

(1.) This Rule is directed against the order of the learned Judge of the Presidency Small Cause Court, Calcutta dismissing in one single judgment eight objections by eight set of tenants to the eight distress warrants issued by that Court. It raises the important question of the nature, scope and validity of the distress procedure provided in Chapter VIII of the Presidency Small Cause Courts Act.

(2.) The main objections to these distress warrants can be classified broadly under two heads. The first objection is a plea of payment. The second objection is that the landlord, Gosto Behari Sarcar, was not alone entitled to maintain the application for distress warrant and get an order for such a warrant.

(3.) The facts briefly are as follows: A private company by the name of Sarkar Estate Private Ltd. was ordered by this Court to be wound up on the 4th March 1960. Upto August 1960 rent was paid by these petitioner-tenants to Gosto Behari Sarcar and Brothers (Sarkar Estate Private Ltd.) at 34/A and 34/B Sashi Bhusan De Street. The rent for the month of September 1960 was sent by money-order to Gosta Behari Sarcar and Brothers (Sarkar Estates Private Ltd.) addressed to the correct address as shown in the previous rent receipts, namely, 34/A and 34/B Sashi Bhusan De Street. But then what happened was that this money order was not received by Gosta Behari Sarcar and Brothers but by the Liquidator of the Company, Sarkar Estates Private Ltd. The official Liquidator on the 21/24th November 1960 wrote to the petitioner Bhola Singh that after the order of winding up had been made by this High Court on the 4th March 1960 postal authorities had been requested to cause delivery of all letters, money-orders and other postal articles addressed to the said Company direct to the Official Liquidator at No. 12 old Court House Street. Calcutta. This letter is an annexure to the petition before me. At the penultimate paragraph of this letter the Official Liquidator wrote to the petitioner Bhola Singh addressed at Punjabi Hotel, 124/124/A Bowbazar Street, Calcutta 12 as follows: