Majumdar, J. - (1.)This is an appeal from the Judgment and Order, date of June 15, 1984 passed by the learned single Judge of this Court on an application of the appellant for an order that the defence of the defendant against the delivery of possession in the suit be struck out.
(2.)The case of the appellants, who are the landlord, is that the respondent committed a default in payment of rent within the time prescribed by the West Bengal Premises Tenancy Act and by reason of such default the defence of the respondent in the suit should be struck out under Section 17(3) of the West Bengal Premises Tenancy Act (hereinafter referred to as the said Act). It may be mentioned here that the appellants had filed a suit against the respondent for eviction on the grounds mentioned in the said Act.
(3.)M/s. Khaitan & Co., Advocates-on-record for the plaintiffs in the suit (the appellants before us), enquired from M/s. Orr, Dignam & Co. Advocates-on-record for the defendant (the respondent before us), as to whether the defendant had deposited the amount for the month of June 1980. Not having been favoured with any reply, the appellant's Advocates-on-record enquired of the Registrar, Original Side of this Court, as to whether such deposit had been made and therefrom the appellants came to know that no such amount had been deposited by the respondent or their Advocates-on-record for the month of June 1980. M/s. Orr, Dignam & Co. by a letter, dated 6.1.83 stated that for the month of June 1980 a cheque was deposited with the Reserve Bank of India on July 12, 1980 but the receipted challan had not been given by the Reserve Bank of India. Thereafter by a further letter, dated 10.9.83 M/s. Orr, Dignam & Co., enquired of the appellants' Advocate-on-record, M/s. Khaitan & Co., as to whether they were agreeable to accept Rs. 3200/- on account of the payment for the month of June 1980. The appellants' Advocates-on-record refused to accept the same, inasmuch as it was a case of the appellants that the respondent was bound to deposit the amount equivalent to rent in Court within the period mentioned in the said Act. The respondent deposited the amounts earlier with the Reserve Bank of India by cheques drawn in favour of the Reserve Bank of India and filed the challans received from the Reserve Bank of India on such deposit with the Registrar, Original Side of this Court. It was also the case of the appellants before the trial Court that the defendant did not deposit any challan issued by the Reserve Bank of India or by any other Bank acknowledging receipt of any amount equivalent to rent for the month of June 1980.