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AJOY KUMAR MUKHERJEE
Central Kalyani Children Home School – Appellant
Versus
Samir Kumar Saha – Respondent
JUDGMENT :
Ajoy Kumar Mukherjee, J.
1. Being aggrieved and dissatisfied with the impugned Order No. 11 dated 03.02.2021 passed by the Learned Civil Judge (Senior Division), Kalyani, Nadia in Title Suit No. 25 of 2019, present application under Article 227 of the Constitution of India has been preferred. The petitioner is defendant/tenant in a suit for eviction filed by opposite party/plaintiff.
2. The petitioner/defendant contended that they appeared in the suit and filed one petition for depositing the arrear rent, inter alia, stating that the petitioner /defendant wanted to deposit the arrear rent of Rs,1,63,000/- before the Court as well as current rent month by month. Said application under section 7(1) of the West Bengal Premises Tenancy Act, 1997, was filed being accompanied by a petition praying for condonation of delay, whereby it was inter alia, submitted that there was a delay of 97 days in filing applications for depositing the arrear rent as well as rent for current months. Since the said delay was not intentional, nor was there any latches on the part of the petitioner/Defendant, in filling the petition under section 7(1), it has been prayed that the said period of delay
Mandatory compliance with rent deposit requirements under the West Bengal Premises Tenancy Act is essential to avoid eviction for non-payment; the court cannot extend time unless a timely application....
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