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2023 Supreme(Cal) 933

AJOY KUMAR MUKHERJEE
Om Prakash Agarwal – Appellant
Versus
Bijay Singh Dugar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Arjun Samanta
For the Respondent: Mr. Surya Prasad Chattopadhyay Mr. Anik Chatterjee

JUDGMENT :

Ajoy Kumar Mukherjee, J.

1. Order no. 47 dated August 13, 2019, passed by learned Judge, 3rd Bench, Small Causes Court, Kolkata in Ejectment Suit No. 6752 of 2014, is the subject matter under challenge in the present Application. By the impugned order learned court below was pleased to allow defendant /tenants’ application under section 151 of the Code of the Civil Procedure dated March 20, 2019 seeking permission to deposit rent for the month of January 2019 to February 2019, which could not be deposited in time.

2. The petitioners case in brief is that petitioners herein filed aforesaid ejectment suit no. 6752 of 2014 interalia praying for decree of ejectment and delivery of “khas” possession of the suit premises against the opposite parties herein who are tenants in respect of suit premises at a monthly rent of Rs. 1940/-, payable according to English Calendar month. The defendant/tenants/opposite parties herein after receiving summon appeared in the said suit and filed application under section 7(1) and 7(2) of the West Bengal Premises Tenancy Act, 1997 (herein after called as Act of 1997). Plaintiff /petitioners filed written objection and learned court below had dispo

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