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2016 Supreme(Cal) 1019

ASHIS KUMAR CHAKRABORTY
Arun Prakash Saha – Appellant
Versus
Asit Baran De – Respondent


Advocates Appeared:
For the Petitioner: Mr. Hiranmoy Bhattacharyya, Mr. Tanmoy Mukherjee
For the Opposite parties : Mr. Amrita Lal Dhar, Mr. Sirsendu Bikas Pal

JUDGMENT :

Ashis Kumar Chakraborty, J.

This revisional application is at the instance of the defendant in Ejectment Suit No. 374 of 2013, pending before the Court of the learned Judge, 6th Bench, Presidency Small Causes Court at Calcutta challenging the order dated April 07, 2016. By the impugned order dated April 07, 2016 the learned Court below rejected an application filed by the defendant-petitioner under Section 151 of the Code of Civil Procedure, 1908, hereinafter called as "the Code", praying for modification of the earlier order dated February 16, 2016 whereby, he was allowed to deposit the arrear rent from the month of January, 2013 to November, 2013 along with interest at the rate of 10%, per annum.

2. The brief facts giving rise to the filing of this revisional application are that the defendant-petitioner was a tenant in respect of the Flat No. 4, situated on the first floor of the eastern side of Premises No. 61, Sovabazar Street, Kolkata-700 005 (hereinafter referred to as "the suit property"), at a monthly rent of Rs.2380/- under the plaintiffs-opposite parties. From June, 2012 till December, 2012 the defendant-petitioner failed to pay rent of the suit property to the p















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