The main legal point established in the judgment is the discretionary power of the Civil Judge to grant an extension of time for depositing arrear rent and the inflexibility of the time limit for payment of current monthly rent under the West Bengal Premises Tenancy Act 1997.

JUDGMENT

1. This application under Article 227 of the Constitution of India has been directed against order dated December 21, 2019 passed by the learned Additional Civil Judge (Junior Division), Sealdah, in Ejectment Suit no. 109 of 2014.

2. Petitioner contended that the opposite party herein as plaintiff filed aforesaid suit for eviction against the predecessor in interest of the petitioners, being the deceased father of the petitioners. Original defendant appeared in the suit and filed written statement denying all material allegations made in the plaint. He also filed application under section 7(2) of the West Bengal Premises Tenancy Act 1997 (Act of 1997) for determination of arrear rent and rate of rent payable to the plaintiff/opposite party. Plaintiff /opposite party herein field written objection and learned court below by an order dated 05.10.2018 disposed of the said application under section 7(2) directing the predecessor in interest of the petitioner to deposit a total sum Rs. 53,020/- within one month from the date of said order.

3. Petitioners further submit due to death of their father and for some other reasons the petitioners could not deposit the aforesaid arrear rent within time as determined by the court by the aforesaid order dated 05.10.2018 but they ultimately deposited the entire amount on 04.12.2018.

4. Petitioners further case is that due to poor health condition of the predecessor in interest of the petitioners, he could not deposit also the monthly rent for the month of December, 2018 to September, 2019 and the same was deposited on 4th November, 2019 along with statutory interest. Predecessor-in-interest of the petitioner accordingly filed two separate applications for acceptance of the said delayed deposits, thereby explaining as to why the deposit could not be made in time. The opposite parties/plaintiff filed written objection seeking dismissal of the said applications. Thereafter he also filed one application under section 7(3) of the Act of 1997 praying for striking off the defence of the defendants against delivery of possession.

5. The learned Trial Court after hearing the respective parties was pleased to reject both the aforesaid applications filed by petitioners/defendant under section 151 of the Code and was further pleased to allow the application of the opposite party filed under section 7(3) of the said Act of 1997.

6. Being aggrieved by the said order Mr. Sounak Bhattacharya learned counsel appearing on behalf of the petitioner submits that learned Trial Judge in exercise of his jurisdiction acted illegally and with material irregularity by rejecting the applications and allowing the plaintiffs prayer for striking off the defence of the defendant against the delivery of possession. He ought to have considered liberally, keeping in view the age and health condition of the defendant/petitioner. Mr. Bhattacharya further submits that it is true that defendant could not comply with the direction passed under section 7(2) of the Act of 1997 within a period of one month as directed by the Trial Judge but he had applied for an extension though not within one month but within the extended time limit as enumerated under the proviso appended to section 7(2) of the Act and also deposited the entire arrear amount within the extended period. He further submits that section 7(2) of the Act of 1997 is pari materia with the section 17(2) of the West Bengal Premises Tenancy Act 1956. On harmonious construction of both the two legislation it is clear that Trial Judge do have its jurisdiction to consider an application for extension of time to deposit the arrear rent calculated under section 7(2) of the Act of 1997, even if the said application for extension of time is not filed within the said period of one month but when such application for extension is filed within the extended period of time of two months as enumerated under the proviso appended to section 7(2), coupled with a deposit made thereon. Such