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2022 Supreme(Cal) 1297

PARTHA SARATHI SEN
Ashok Kumar Parmar @ Sri Ashok Parmer – Appellant
Versus
Samar Ray – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Souradipta Banerjee, Ms. Fatima Hassan, Mr. Anam Zafar
For the Respondent: Mr. Ramesh Chandra Paul, Ms. Riya Dutta

JUDGMENT :

1. In this revisional application Order No. 95 dated 21.04.2022 as passed in Ejectment Suit No. 200 of 2008 by the learned Judge, 5th Bench, Presidency Small Causes Court at Calcutta has been assailed. By the impugned order learned Trial Court rejected the defendant/tenant’s application to deposit of arrears of rent for the period of September 2006 to May 2008 after disposal of the application under Section 7 (2) of the West Bengal Premises Tenancy Act, 1997 hereinafter refer to as the ‘said Act’.

2. In support of the instant revisional application, Mr. Banerjee, learned Advocate for the defendant/petitioner draws attention of this Court to the impugned order as well as to the order passed by the learned Trial Court on 17.05.2016 while disposing the petition under Section 7 (2) of the said Act. It is contended that due to bona fide mistake the arrear of rent could not be deposited prior to or along with the filing petition under Section 7 (2) of the said Act. It is, thus, argued that for the aforesaid reason the present petitioner before the learned Trial Court has filed an application under Section 151 of the Code of Civil Procedure on 26.09.2016 for granting permission t

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