Judgment

SHARMA, J.- This appeal by a tenant of a certain premises in Calcutta is directed against the order of his eviction on the ground of non-payment of rent. The appellant had agreed to pay a sum of Rs 32 per month as rent and an additional sum of Rs 8 per month for electricity. According to the defence of the appellant the rent had been duly deposited with the Rent Controller in accordance with the West Bengal Premises Tenancy Act, 1956, and he was, therefore, not liable to be evicted. Deposit was made at the rate of Rs 32 and the remaining amount at the rate of Rs 8 was admittedly not deposited. The question which has been debated in the courts below is whether the aforesaid amount of Rs 8 was a part of rent which ought to have been deposited so as to escape the consequences of default. The trial court agreed with the tenant and dismissed the suit. On appeal, the Additional District Judge, Alipore, reversed the decision and passed a decree for eviction holding that the tenant was a defaulter within the meaning of the term in the Act. The High Court confirmed the decree in second appeal by the impugned judgment.

2. Mr Garg, the learned counsel appearing in support of the appea