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AJOY KUMAR MUKHERJEE
Kabita Biswas – Appellant
Versus
Sadhan Dasgupta – Respondent
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 re
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 pay....
Mandatory compliance with rent deposit provisions under the West Bengal Premises Tenancy Act is essential; failure to comply results in striking off the defence.
The inherent power of a court under Section 151 of the Code of Civil Procedure cannot be exercised if it is inconsistent with any of the powers expressly or by necessary implication conferred by othe....
The main legal principle established in the judgment is the mandatory nature of the statutory provisions outlined in Section 7 of the West Bengal Premises Tenancy Act, 1997, and the inapplicability o....
The essential preconditions for maintainability of an application under Section 7(2) of the West Bengal Premises Tenancy Act, 1997, are: (i) raising a dispute with regard to the rate of rent; (ii) de....
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