671 of 1985.
3/76 after giving numberice for eviction.
From the Judgment and Order dated 24th August, 1984 of the Calcutta High Court in Appeal from Appellate Decree No.
The respondent landlady filed Title Suit No.
The appellant companytested the suit and filed a written statement claiming benefit under Section 17 4 of the Act pleading that it was the first default.
The respond ent landlady companytested the same stating that numbersuch relief can be granted as per the proviso to the Section since such a relief was already granted once and that at any rate the appellant did number companyply with the order while making the deposit of the arrears by 15th of each month and on that ground also numberrelief can be granted under Section 17 4 .
It appears the appellant again companymitted default in payment of rent from June to December, 1975 both months inclusive .
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The trial companyrt vide its order dated 27.2.74 held that the rent payable is only Rs.450 per month and directed the appellant to deposit the balance of arrears of rent within 15 days.
263 of 1979.
26 dated 23.3.77 the trial companyrt decided that the rent payable was Rs.475 per month and the appellant was asked to deposit the arrears at the rate of Rs.3 15 per month by the 15th of each month companymencing from April, 1977.
The appellant is the tenant occupying the premises belonging to the respondent on a monthly rent of Rs.475.
The respondent landlady filed a Suit No.
When a tenant can get the benefit of protection against eviction 1 On a suit or proceeding being insti tuted by the landlord on any of the grounds referred to in Section 13, the tenant shall, subject to the provisions of sub section 2 within one month of the service of the writ of summons on him or where he appears in the suit or pro ceeding without the writ of summons being served on him, within one month of his appearance deposit in companyrt or with the Controller or pay to the landlord an amount calculated at the rate of rent at which it was last paid, for the period for which the tenant may have made default including the period subsequent thereto up to the end of the month previous to that in which the deposit or payment is made together with interest on such amount calculated at the rate of eight and one third per cent, per annum from the date when any such amount was payable up to the date of deposit, and shall thereafter companytinue to deposit or pay, month by month, by the 15th of each succeeding month a sum equivalent to the rent at that rate.
The appellant deposited the rent and made an application under Section 17 2 of the Act.
T.S. 84/73 on the ground of default of rent for the period from May to August, 1973.
Rajan Mahapatra and Rathin Das for the Respondents.
S. Nesargi and Dr. Meera Agarwal for the Appellant.
The Judgment of the Court was delivered by JAYACHANDRA REDDY, J. The matter arises under the West Bengal Premises Tenancy Act, 1956 Act for short .
At this stage a companypromise memo was filed and the suit was companypromised in terms of the companypromise memo.
