Sabyasachi Mukharji, J. - (1.) This is an application under Section 17 (2) of the West Bengal Premises Tenancy Act 1956 (hereinafter referred to as the said Act). On the 19th of November, 1968. the Raiputana Trading Co (P) Lid. (hereinafter referred to as the landlord) instituted a suit against Rawatmal Bhairudan. a firm (hereinafter referred to as the tenant). The plaintiff in the suit asks for a decree for possession of the demised premises being Shop-room No. 9 at premises No. 12, Armenian Street, Calcutta which is also known as 10/1. Portuguese Church Street, and claims a decree for Rs. 9,740.72 P. for arrears of rent and certain other interest and mesne profit. The landlord, inter alia, contends that the tenant had failed and neglected to tender and/or pay rent in respect of the demised premises since February. 1965 to one Sree T.K. Ghose, who was then the Receiver appointed in respect of the said premises in another suit.
(2.) It is the case of the plaintiff that the rent from 1st February, 1965 to 30th of September, 1968, being 44 months had remained unpaid and on that account the plaintiff was entitled to Rs. 9,740.72. The plaintiff states that by a notice dated 1st of August, 1968. the landlord had determined the tenancy of the tenant end therefore claims mesne profit from the 1st of October, 1968 to 31st of October, 1968 8 Rs. 1,770/-. On service of the Writ of Summons the tenant made an application on the 4th of February. 1969, stating that the Writ of Summons had been served on the tenant on the 6th of January. 1969 and contended that the plaintiff had duly paid and/or deposited the rent for the months claimed except for the months of July, 1968, December, 1968 and January. 1969. The tenant accordingly made an application under Section 17 (2) of the said Act for leave to deposit the rents for the months of July and December. 1968, together with interest and the rent for the month of January, 1969. with the Registrar, Original Side, High Ccurt. The tenant also prayed for leave to deposit the rent for the months subsequent to Januarv. 1969, in the office of the Rent Controller during the pendency of the suit.
(3.) In this connection it would be relevant to refer to the provisions of subsections (1) and (21 of Section 17 of the said Act, The said sub-sections are as follows: "Section 17. When a tenant can get the benefit of protection against eviction-- (1) On a suit or proceeding being instituted by the landlord on any of the grounds referred to in Section 13. the tenant shall, subject to the provisions of Sub-section (2), within one month of the service of the writ of summons on him or where he appears in the suit or proceeding without the writ of summons being served on him within one month of his appearance deposit in Court or with the Controller or pay to the landlord an amount calculated at the rate of rent at which it was last paid, for the period for which the tenant may have made default including the period subsequent thereto upto the end of the month previous to that in which the deposit or payment is made together with interest on such amount calculated at the rate of eight and one-third per cent per annum from the date when any such amount was payable upto the date of deposit, and shall thereafter continue to deposit or pay, month by month by the 15th of each succeeding month a sum equivalent to the rent at that rate." (2) If in any suit or proceeding referred to in Sub-section (1), there is any dispute as to the amount of rent payable by the tenant, the tenant shall, within the time specified in Sub-section (1) deposit in Court the amount admitted by him to be due from him together with an application to the Court for determination of the rent payable. No such deposit shall be accepted unless it is accompanied by an application for determination of the rent payable. On receipt of such application, the Court shall -- (a) having regard to the rate at which rent was last paid, and the -period for which default may have been made, by the tenant, make, as soon as possible within a period not exceeding one year, a preliminary order, pending final decision of the dispute, specifying the amount, if any, due from the tenant and thereupon the tenant shall within one month of the date of such preliminary order, deposit in court or pay to the landlord the amount so specified in the preliminary order; and (b) having regard to the provisions of this Act, make as soon after the preliminary order as possible, a final order determining the rate of rent and the amount to be deposited in Court or paid to the landlord and either fixing the time within which the amount shall be deposited or paid or as the case may be. directing that the amount already deposited or paid be adjusted in such manner and within such time as may be specified in the order. 2-A. Notwithstanding anything contained in Sub-section (1) or Sub-section (2) on the application of the tenant, the Court, may, by order-- (a) extend the time specified in sab-section (1) or Sub-section (2) for the deposit or payment of any amount referred to therein. (b) having regard to the circumstances of the tenant as also of the landlord and the total sum inclusive of interest required to be deposited or paid under Sub-section (1) on account of default in the payment of rent, permit the tenant to deposit or pay such sum in such instalments and by such dates as the Court may fix: Provided that where payment is permitted by instalments, such sum shall include all amounts calculated at the rate of rent for the period of default including the period subsequent thereto upto the end of the month previous to that in which the order under this Sub-section is to be made with interest on any such amount calculated at the rate specified in Sub-section (1) from the date when such amount was payable upto the date of such order, "2B. No application for extension of time for the deposit or payment of any amount under Clause (a) of Sub-section (2-A) shall be entertained unless it is made before the expiry of the time specified therefor in Sub-section (1) or Subsection (2) and no application for permission to pay in instalment under Clause (b) of Sub-section (2-A) shall be entertained unless it is made before the expiry of the time specified in Sub-section (1) for the deposit or payment of -the amount due on account of default in the payment of rent.";