B.P. KHEMKA PVT. LID. versus BIRENDRA KUMAR BHOWMICK & ANR.

B.P. KHEMKA PVT. LID. versus BIRENDRA KUMAR BHOWMICK & ANR.

The benefit of s.17(2A) applies to all tenants against whom suits or appeals were pending at the date of promulgation of the Ordinance, and their application under s.17(2A)(b) within one month of promulgation was maintainable. Subsequent default for two months in rent payment was insufficient to strike out tenant's defence, as s.17(3) is directory and the court retains discretion; appellant entitled to benefit under s.17(4).

Parties
Appellant: B.P. Khemka Pvt. Ltd.; Respondent: Birendra Kumar Bhowmick; Respondent: Second Respondent (Director, B.P. Khemka Pvt. Ltd.)
Jurisdiction
India
Judgment Date
06 March 1987
Procedural Posture
Civil Appeal / Appeal by Special Leave From High Court's Appellate Decree
Outcome
Appeal allowed; suit for eviction dismissed; petitions for impleadment dismissed.
Legal Topics
Default in Rent Payment, Eviction, Interpretation of Statutory Amendments, Retrospective Operation of Statutes
Tenancy Civil Procedure Default in Rent Payment Eviction Interpretation of Statutory Amendments Retrospective Operation of Statutes

Case Brief

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Parties

B.P. Khemka Pvt. Ltd.

Appellant

Birendra Kumar Bhowmick

Respondent

Second Respondent (Director, B.P. Khemka Pvt. Ltd.)

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From High Court's Appellate Decree

Legal Issues

  1. 1 Whether an application under s.17(2A)(b) of the West Bengal Premises Tenancy Act, 1956 was maintainable by tenants in suits pending at the date of promulgation of the Ordinance.
  2. 2 Whether delayed payment of rent for two months (September 1968 and March 1969) warranted striking out the tenant's defence under s.17(3).
  3. 3 Whether s.17(3) is mandatory or directory and whether the court has discretion to condone delay.

Ratio Decidendi

The benefit of s.17(2A) applies to all tenants against whom suits or appeals were pending at the date of promulgation of the Ordinance, and their application under s.17(2A)(b) within one month of promulgation was maintainable. Subsequent default for two months in rent payment was insufficient to strike out tenant's defence, as s.17(3) is directory and the court retains discretion; appellant entitled to benefit under s.17(4).

Court Disposition

Appeal allowed; suit for eviction dismissed; petitions for impleadment dismissed.

Orders

  • Suit filed by first respondent stands dismissed.
  • Petitions for impleadment are dismissed.