Section 21 of the West Bengal Premises Tenancy Act, 1997

 

Section 21 of the West Bengal Premises Tenancy Act, 1997 deals with the provisions relating to the deposit of rent by a tenant when the landlord refuses to accept rent or when there is a dispute regarding the person entitled to receive it.

Here’s the full text and explanation:

---

🧾 Section 21 — Deposit of Rent with the Controller

Text of the Section:

21. Deposit of rent with the Controller.
(1) Where the landlord does not accept any rent tendered by the tenant within the time referred to in section 20, or where there is a bona fide doubt as to the person or persons to whom the rent is payable, the tenant may deposit such rent with the Controller in the prescribed manner.

(2) The deposit shall be accompanied by an application containing such particulars as may be prescribed.

(3) On such deposit of the rent being made, the Controller shall send, in the prescribed manner, a copy of the application to the landlord or to every person claiming to be entitled to the rent.

(4) If the landlord applies to withdraw the rent deposited, the Controller shall pay the amount of the deposit to the landlord in the prescribed manner.

(5) If the landlord does not apply to withdraw the rent within three years from the date of deposit, the deposit may be forfeited to the State Government.

(6) The deposit of rent under sub-section (1) shall be deemed to be a payment of rent to the landlord in accordance with the provisions of this Act.

---

⚖️ Explanation and Practical Effect:

1. When applicable:

   • If the landlord refuses to accept rent, or

   • If there is confusion or dispute about who the rightful landlord is, the tenant may legally deposit rent with the Rent Controller.

2. Legal effect of deposit:

   • Such deposit is treated as a valid payment of rent under law.

   • The tenant is thereby protected from eviction on the ground of default in payment.

3. Procedure:

   • The tenant must make the deposit within the time limit for payment under Section 20 (usually within the month following the month for which rent is due).

   • A prescribed form/application must accompany the deposit (as per the West Bengal Premises Tenancy Rules).

4. Notification:

   • The Controller sends notice to the landlord or claimants.

   • The landlord can withdraw the rent any time within three years.

   • After that period, if unclaimed, the amount is forfeited to the State Government.

5. Protection to tenant:

   • Once rent is deposited properly, the tenant cannot be treated as a defaulter, even if the landlord refuses to accept the rent personally.

   • This is often used in litigation to demonstrate that the tenant was ready and willing to pay rent.

---

🧩 Relevant Case Law:

1. Biswanath Das v. Gouri Rani Das, (2004) 1 CHN 27 (Cal):
   The Calcutta High Court held that deposit of rent under Section 21 is valid payment when the landlord refuses to accept rent. The tenant is not a defaulter if such deposit is made properly.

2. Bishwanath Shaw v. Smt. Gouri Dutta, AIR 2001 Cal 233:
   It was held that strict compliance with the provisions of Section 21 and Rules regarding deposit is essential. Any irregularity or delay in deposit may not protect the tenant from being treated as a defaulter.