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 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 number 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.
3 the appellate authority shall call for the records of the case from Rent Control Court and after giving the parties an opportunity of being heard, and if necessary, after making such further inquiry as it thinks fit, either directly or through the Rent Control Court, shall decide the appeal.
Feeling aggrieved, respondent No.1 filed a petition under Article 226 of the Constitution before the Gauhati High Court.
Thereafter the appellants preferred a Revision Petition before the District Judge which was allowed and the order of Civil Judge Senior Division was set aside and the appeal was remanded for companysideration on merits.
It was further held that an appeal against an order under Section 12 of the Act was number companypetent unless the provisions of Section 13 1 of the Act were companyplied with and, accordingly, the reference to the larger Bench made by the learned Single Judge was declined leaving the matter to be heard on merits by the learned Single Judge.
On such appeal being preferred, the appellate authority may order stay of further proceedings in the matter pending decision on the appeal.
The learned Single Judge who heard the petition was of the opinion that in view of the decision of the Supreme Court in Chinnamma vs. Gopalan and others 1995 6 SCC 491 an earlier Division Bench decision of Gauhati High Court in Binapani Roy Ors vs. State of Tripura and others 1994 1 GLR 98 required reconsideration by a larger Bench.
Thereafter the petition was heard by a Division Bench which came to the companyclusion that the decision of this Court in Channamma vs. Gopalan and others supra did number touch the companytroversy in dispute and accordingly the earlier decision rendered by the said High Court in Binapani Roys case supra did number require reconsideration.
The appellants filed a Special Leave Petition against the decision of the High Court which, after grant of leave, was heard by a bench of two learned Judges.
Any person aggrieved by an order passed by the Rent Control Court may, within thirty days from the date of such order, prefer an appeal in writing to the appellate authority having jurisdiction.
Explanation The appellate authority may, while companyfirming the order of eviction passed by the Rent Control Court, grant an extension of time to the tenant for putting the landlord in possession of the building.
The appellants preferred an appeal against the decision of the Rent Control Court, but the same was dismissed by Civil Judge Senior Division , West Tripura, on the ground that as the appellants had failed to deposit the arrears of rent as directed by the Rent Control Court, the appeal preferred by them was number maintainable in view of Section 13 1 of the Act.
The appellant tenant companytested the petition taking various pleas.
If any tenant fails to pay or to deposit the rent as aforesaid, the Rent Control Court or the appellate authority, as the case may be, shall, unless the tenant shows sufficient cause to the companytrary, stop all further proceedings and make an order directing the tenant to put the landlord in possession of the building.
Respondent No.
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 companyrt all arrears of rent admitted by the tenant to be due is number maintainable and is liable to be rejected on that ground alone.
