Judgment

G.P. Mathur, J.—In view of difference of opinion between two learned Judges, the present appeal was placed for hearing before this larger Bench and the issue involved is whether an appeal preferred under Section 20 of the Tripura Buildings (Lease and Rent Control) Act, 1975 (hereinafter referred to as ‘the Act’) without payment to the landlord or deposit with the appellate court all arrears of rent admitted by the tenant to be due is not maintainable and is liable to be rejected on that ground alone.

2. Respondent No. 1 - Gouranga Chandra Dey filed an eviction petition under Section 12 of the Act on the ground of bona fide requirement and also default in payment of rent. The appellant-tenant contested the petition taking various pleas. The Rent Control Court, after appraisal of evidence on record, recorded a finding that the plea raised by the landlord regarding bona fide requirement of the premises was not established, but the appellants were defaulters in payment of rent and accordingly passed an order directing their eviction and for handing over possession of the premises in question to respondent No. 1. The appellants preferred an appeal against the decision of the Rent