Case: Shyamal Kanti Danda Vs. Chunilal Choudhary

2. The respondent filed T.S. No. 470 of 1975 against the petitioner for his eviction from the premised occupied by him. The petitioner contested the suit as per his written statement. Only one contention is worth nothing. It was contended on behalf of the petitioner that he is a permanent licensee of the premised without any obligation to pay rent. After evidence on either side was recorded and closed, the learned Munsif set down the suit for hearing oral arguments on June 26, 1981 on which date the respondent was present but the petitioner and his advocate were absent. The learned Munsif proceeded to deliver the judgment on merits and application for setting aside what was styled as an ex parte decree under Order IX Rule 13 CPC was moved on behalf of the petitioner which came to be dismissed as not maintainable. After an unsuccessful appeal, the petitioner filed an appeal against what was styled as ex parte decree in the Court of the District Judge, Alipore. He filed an application praying for condonation of delay of 386 days in preferring the appeal on the ground that he was prosecuting under legal advice a remedy in another civil court, to be precise for setting aside the ex parte decree under Order IX Rule 13 CPC, but as that court was unable to grant relief, the time spent bona fide in prosecuting this remedy must be excluded in computing the period of limitation. The learned Judge declined to condone the delay and after an unsuccessful revision petition in the High Court, the petitioner has approached this Court under Article 136 of the Constitution.      3. On a notice of the petition being served upon the respondent, Mr. F. S. Nariman, learned counsel appeared for the respondent.

Reasoning:
4. Having regard to the circumstances of this case, we are of the opinion that the matter should be disposed of at the special leave petition stage5. We direct that the petitioner shall deposit Rs. 27, 000 (Rupeesn thousand) as use and occupation charges for all these years in the trial court within a period of three months from today and shall continue to deposit the use and occupation charges at the rate of Rs. 225 p.m. from month to month before the tenth of every succeeding month commencing from July 1, 1984 till the suit is finally disposed of by the trial court.