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1952 Supreme(Cal) 86

LAHIRI, K.C.DAS GUPTA
AMAL KRISHNA BASU – Appellant
Versus
CHANDI CHARAN BANERJEE – Respondent


Advocates Appeared:
AJIT KUMAR DUTT, Arun Kumar Dutt, BEJOY BHOSE, RAMESWAR SAHA, SITARAM BANERJEE

K. C. DAS GUPTA, J.

( 1 ) THIS Rule was obtained by the plaintiffs landlords in a suit for ejectment against an order passed by the Sixth Judge of the Court of Small Causes, Calcutta, directing under Section 14 (1), West Bengal Premises Rent Control (Temporary Provisions) Act, 1950, the tenant defendant to pay Rs. 5057/14/- by 28-1-1952. This was the amount which the learned Judge found due on account of arrears and interest on calculation in accordance with the provisions of Section 14 (1 ). The suit was filed by the plaintiffs on 10-10-1950 on the allegation that prior to that date there had been defaults in the payment of arrears of rents from May. On 5-12-1950, the defendant appeared and filed an application for an order under Section 14 (1 ). This application was disposed of fay the learned Judge on 17-3-1951 by an order which is in these words. "on the defendant's prayer but without prejudice to the plaintiff, all arrears of rent up to February 1951 with legal interest, costs of the suit and half pleader's fee is determined at Rs. 2920/4/ -. Defendant is permitted to deposit this amount within 15 days from date. This order is made without prejudice to the plaintiff and to the




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