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2019 Supreme(SC) 1181

L.NAGESWARA RAO, HEMANT GUPTA
Bijay Kumar Singh – Appellant
Versus
Amit Kumar Chamariya – Respondent


Advocates Appeared:
For the Petitioner(s):Anip Sachthey, Anando Mukherjee, Anjali Chauhan, Ria Sachthey, Sarla Chandra, Advocates
For the Respondent(s):Pranab Kumar Mullick, Soma Mullick, Seba Kumar Deuria, Advocates

Judgement Key Points

Key Points: - The judgment holds that an application for determination of rent must be preceded by deposit of arrears of rent. (!) - The time for payment or deposit can be extended by the Civil Judge once, and not exceeding two months, under the proviso to Section 7(2). (!) - Sub-sections (2A) and (2B) of Section 17 (as discussed) provide that the Court may extend time or permit payment in instalments, with conditions and retrospective considerations discussed in the context of B.P. Khemka and related cases. (!) (!) (!) - The Act repealed the 1956 Act and introduced provisions for extension of time for deposit under (2A)/(2B); this is analyzed through various precedents. (!) (!) - The court emphasizes that non-deposit of admitted arrears within the prescribed time leads to eviction proceedings continuing, unless the tenant deposits as required under sub-section (2) with an application for determination. (!) (!) - The High Court’s order was upheld; there is no error in applying Nasiruddin’s interpretation that influences the eviction proceedings. (!) - The decision discusses whether to refer to a larger bench and concludes certainties in respect of Section 7’s scope. (!)

What is the scope of Section 7(2) of the West Bengal Premises Tenancy Act, 1997 and its (2A)/(2B) extensions as discussed in this judgment?

What is the requirement that must precede an application for determination of rent under Section 7(2) (depositing arrears of rent) and the time limits for extension?

What is the Court’s stance on whether the provisions for extending time to deposit arrears are mandatory or directory and the consequences of non-compliance?


JUDGMENT :

HEMANT GUPTA, J.

1. The challenge in the present appeals is to an order passed by the High Court of Calcutta on 13.05.2016 in two separate eviction petitions filed by the respondent herein against two tenants.

2. Learned Single Judge has set aside the order dated 10.08.2011 whereby an application filed by the appellant under Section 7(2) of the West Bengal Premises Tenancy Act, 1997 [For short the “Act”] was allowed.

3. The brief facts leading to the present appeals are that the respondent filed an eviction petition against the appellants on the ground of non-payment of arrears of rent in respect of two shops alleging that initially, Sudama Singh was tenant on the monthly rent of Rs.45/-and Rs.25/-per month but now the rent payable is Rs.306/-and Rs.174/-per month. It is the case of the respondent that a Receiver was appointed in Money Execution Case No. 23/1961 and the said Receiver was discharged vide order dated 10.02.2009. The respondent demanded arrears of rent but since the amount of arrears at the rate of Rs.306/-per month was not paid, the petition for eviction was filed. The appellant did not deposit any rent but filed an application to determine the arrears of rent

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