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1959 Supreme(Cal) 67

S.C.LAHIRI, A.N.RAY
DAYA DEBI – Appellant
Versus
CHAPALA DEBI – Respondent


Advocates Appeared:
AMIYALAL CHATTERJI, Hemanta Krishna Mitra, JITENDRA NATH BAGCHI, LALA HEMANTA KUMAR

LAHIRI, J.

( 1 ) THE question raised by the petitioner in this Rule is of some importance and that question is whether in a proceeding under Section 17 of the West Bengal Premises Tenancy Act of 1956 the tenant is required to deposit under Sub-section (1) of that section, the arrears of rent which were transferred by the landlord in favour of another. The admitted facts are these: Premises No. 101, Durga Charan Mitra Street belonged to a lady named Harimati and under her the petitioner was a tenant at a monthly rent of Rs. 70/- and the tenancy was held by the petitioner according to the Bengali calendar month. On 13-4-1949 Harimati executed a deed of settlement by which she appointed one Dulal Chandra Dutta and Puma Chandra Agarwalla as her trustees. On 27-9-1957 Dulal Chandra Dutta and Purna Chandra Agarwalla sold the premises to the opposite party Sin. Chapala Devi by a document -- Ex. 1. By another document Ext. 3, the two trustees sold the arrears of rent from the month of July up to date i. e. up to 27-9-1957 to Chapala Devi. Shortly thereafter the assignors of the arrears of rent gave notice of the assignment to the tenant by Ex. 3. The 27th of September, 1957 corresponds to











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