Ashok Paul vs Pradyot Khan and another.

This revisional application is directed against order no. 43 dated 6th June 2017 and order no. 47 dated 2nd November 2017 passed by the learned Civil Judge (Junior Division), 2nd Court, Burdwan in Title Suit No. 260 of 2014, by which an application under Section 7(2) of the West Bengal Premises Tenancy Act, 1997 (hereinafter referred to as ''said Act'') is disposed of and an application under Section 151 of the Code of Civil Procedure seeking permission to deposit the fractional interest is dismissed.

The plaintiffs/opposite parties filed a suit for eviction of the petitioner, inter alia, on the ground of default and reasonable requirement. It is pleaded that the plaintiffs'' present accommodation is not reasonable suitable and the suit premises is required not only for chamber purposes but also to accommodate the son, who is still pursuing the law course.

Since the said suit is filed on one or more grounds enumerated under Section 6 of the said Act, the petitioner filed the application under Section 7(2) of the said Act raising a dispute for determination by the court. By order no. 43 dated 6th June 2017, the court found that the petitioner has made the last payment to the plaintiffs/opposite parties for the month of March 2009 and has further deposited the arrears rent to the tune of Rs. 82,290/- through challan. The court further held that the deposit was made up to the month of January 2016 and thereafter there is nothing on record that the petitioner has complied the requirements under the law. However, the court directed the petitioner to pay the defaulted amount on and from the month of January 2016 without any further delay.

According to the petitioner, the rent for the month of January 2016 was already deposited and, therefore, the trial court committed error in directing the said deposit to be made again.

Subsequently, the petitioner detected that the admitted arrears along with the statutory interest, which was already deposited in terms of the order passed by the trial court, did not contain the full amount of interest because of the miscalculation by the learned advocate. The petitioner immediately brought the aforesaid fact to the attention of the court in taking out the application under Section 151 of the Code and seeks permission to deposit the fractional interest. By the later order, the court rejected the said application holding that the petitioner did not comply the order disposing of the application under Section 7(2) of the Act. Simultaneously, the court fixed the application filed by the plaintiffs/opposite parties under Section 7(3) of the said Act to be heard on the next date.

It is no doubt true that the petitioner deposited the substantial amount, more particularly, the principal amount on account of rent as well as the interest leviable thereupon. According to the petitioner, the interest was calculated at the rate of 8.33 per cent instead of 10 per cent as postulated under subsection (1) of Section 7 of the said Act. The court cannot ignore the fact that it is a technical default and/or lapses. There appears to be a rational in the aforesaid stand because of the fact that the West Bengal Premises Tenancy Act, 1956 contains the rate of interest at 8.33 per cent, which is replaced in the subsequent Act by 10 per cent.

A litigant should not suffer for the laches and lapses on the part of the advocate. It is not a case that the petitioner has not deposited the admitted arrear along with the interest but there appears to be a mistake so far as the rate of interest leviable thereupon is concerned.

This Court, therefore, finds that such technical mistake should not stand in rendering the justice to the litigant. Equally, this Court cannot overlook that the plaintiffs/opposite parties have to suffer and the ejectment suit is prolonged because of filing of the application under Section 151 of the Code.

This Court, therefore, feels that the plaintiffs/opposite parties can be compensated in the form of costs to be imposed in allowing the application under Section 151 of the code.

This Court, therefore, set aside the order no. 47 dated 2nd November 2017; as a consequence whereof, the application under Section 151 of the Code is allowed.

The petitioner is directed to deposit the balance interest within fortnight from date in the trial court. Along with the same, the petitioner shall also pay the costs assessed at Rs. 15,000/- to be paid to the advocate-on-record of the plaintiffs/opposite parties in this Court within ten days from date.

On failure to pay the costs within the time indicated hereinbefore, this order shall stand automatically recalled and the order of the trial court shall revive.

This Court, however, requests the learned Judge in the court below to dispose of the suit as expeditiously as possible without granting unnecessary adjournments to either of the parties preferably within seven months from the date of communication of this order.

With these observations, the revisional application is disposed of.

There shall, however, be no order as to costs.