The grievance of the petitioning defendant in an eviction suit is that his defence has been struck out merely on the ground that he did not apply under Section 7(2) of the West Bengal Premises Tenancy Act, 1997 prior to the plaintiff invoking Section 7(3) thereof.

2. The key to the issue is in the choice of the relevant expressions by the legislature. Sections 7(1) and 7(2) do not refer to a plaintiff or a defendant but refer to a landlord and a tenant. The obligation to do whatever is required to be done under such provision is of a tenant. If a defendant in an eviction suit is not a tenant, the obligation may not fasten to such defendant. Likewise, if the plaintiff is not the landlord, the provisions may not be applicable in the strictest sense.

3. Section 7(1)(a) of the Act obliges a tenant, subject to the provision of sub-section (2), to pay to the landlord or deposit with the court (Civil Judge) “all arrears of rent, calculated at the rate at which it was last paid and upto the end of the month previous to that in which the payment is made together with interest at the rate of ten per cent per annum.” Clause (b) of Section 7(1) of the Act requires such payment or depos