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2017 Supreme(Cal) 851

SOUMEN SEN
Iswar Mahadeb – Appellant
Versus
Pradeep Kumar Jain – Respondent


Advocates Appeared:
For the Appearance : Mr. Supratim Laha, and Mr. Gautom Roy, and Ms. Subhasree Dey

JUDGMENT :

Soumen Sen, J.

This is an application by the land lord owner for striking out the defence of the defendant tenant against delivery of possession.

2. The plaintiff is the owner of premises No. 1, Wood Street, Kolkata 700016. The defendant was a tenant of Unit G-II measuring about 391.67sq. ft (more or less) on the Ground Floor along with undivided 192 sq. ft. of the Floor Space adjacent thereto being ?th undivided share of 960 sq. ft. on the ground floor of the premises No. 1, Wood Street, Kolkata-700016, P.S. Shakespeare Sarani. The tenancy of the defendant was terminated by a notice to quit dated 21st March, 2016, thereafter, the suit has been filed for eviction. The writ of summons in the suit was duly served upon the respondent defendant on 31st August, 2016. The respondent filed a written statement on 20th December, 2016. The respondent did not pay any rent since August 2014 and also have failed and neglected to pay municipal rates and taxes and maintenance. The plaintiff alleged that in view of failure to pay such payment the defendant became a defaulter under Section 6(1)(b) of the West Bengal Premises Tenancy Act. The defendant neither has deposited the arrears rent


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