Subhas Chandra Bhattacharjee and Others vs Panceu Rani Dutta, Landlord

Sen, J.—This is a revisional application against an order striking out the defence against delivery of possession u/s 17(3) of the West Bengal Premises Tenancy Act, in Title Suit No. 3 of 1959 of the Second Additional Court of Munsif, Alipore. The summons were served on 18th October 1958. On 17th November 1958 i.e., within 30 days, the rent for October, which was the only rent in arrears was deposited in court, but no interest was deposited. The rent for subsequent months was deposited in time by the 15th of the following month. The learned Munsif allowed the application u/s 17(3) on the ground that since the rent for October was due on the 15th November and was not deposited on that date but it was deposited on 17th November 1959, availing of the provisions as to the first deposit, the interest for two days from 15th to 17th on the rent was payable by the tenant; and since this interest was not deposited, there was failure to comply strictly with the provisions of section 17(1). On this ground he struck out the defence. It is true that such interest was payable, but the interest as calculated by the learned Munsif comes only to 3 nP. In this case the Court might well have availed of the principle "de minimis non curat lex" and ignored the very slight deviation from strict compliance with the provisions of section 17(1). This was not, therefore, a case in which the defence against delivery of possession ought to have been struck out.

The Rule is, therefore, made absolute and the order striking out the defence against delivery of possession is set aside. No order is made as to costs. Let the records be sent down as expeditiously as possible to the lower Court.