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Judgment
P.P. Naolekar, C.J.—Heard Mr. G.P. Bhowmick, learned Counsel for the Petitioner and Mr. S.K. Kejriwal, learned Counsel for the opposite party.
This application has been filed by the tenant for deposit of the rent in the Court of Munsiff-cum-Rent Controller at Tinsukia. The Munsiff-cum-Rent Controller has held that the procedure, which is required to be followed while adjudicating upon the deposit of rent u/s 5(4) of the Assam Urban Areas Rent Control Act shall be that of a civil Court as is being held in two decisions of this Court, reported in 1997 (2) GLT 596 (Abdul Matin Chowdhury v. Nilyananda Dutta Banik) and 1997 (1) GLR 5 (Sekhar Ch. Swami v. Indian Umbrella Manufacturing Co. and Ors.). The essential condition for depositing of the rent u/s 5(4) of the Assam Urban Areas Rent Control Act, 1972 is refusal by the landlord to accept the rent. Thus, it is incumbent on the person, who is depositing the rent to prove that the landlord has refused to accept the rent. In the absence of any proof of refusal on the part of the landlord the deposit of rent cannot be accepted. In view of the aforesaid, the order passed by the Court of Civil Judge (Junior Division) No. 1 Tinsukia in Misc. (Rent) Case No. 517/97 required no interference by this Court and the petition stands dismissed.
Office is directed to send back the record to the trial Court within 10 days from today positively.