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HIRANMAY BHATTACHARYYA
Dhananjay Das – Appellant
Versus
Mrinal Kanti Ghosh – Respondent
JUDGMENT :
Hiranmay Bhattacharyya, J.
1. This Civil Order is at the instance of the defendant in a suit for eviction and is directed against the order dated 08.06.2023 passed by the learned Civil Judge (Junior Division), Second Court at Barrackpore in Ejectment Suit no. 100 of 2009.
2. By the impugned order, the application under Section 7(2) of the West Bengal Premises Tenancy Act, 1997 (for short “the 1997 Act”) was allowed by directing the defendant/petitioner herein to deposit the arrear rent within the time limit specified in the said order.
3. The predecessor-in-interest of the opposite parties herein instituted the suit for eviction, inter alia, on the ground of default. After entering appearance in the said suit the defendant/ petitioner herein filed an application under Section 7(2) of the 1997 Act raising various disputes. One of the disputes raised in the said application was that there exists no relationship of landlord and tenant, between the plaintiff and the defendant. The dispute as to the rate of rent was also raised by the defendant/petitioner. The petitioner also raised a dispute with regard to quantum of arrear rent in the said application. The defendant/tenant c
The main legal point established in the judgment is the right of the tenant to claim adjustment of advance rent against the monthly rent under the West Bengal Premises Tenancy Act, 1997, and the appl....
Under the West Bengal Premises Tenancy Act, a tenant must deposit all arrears calculated at the last paid rate to secure protection against eviction, with the court mandated to address unresolved iss....
A tenant must adjust overpayments within six months to avoid eviction for non-payment of rent; failure to do so constitutes neglect under the Bombay Rent Act.
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....
When Section 8(1) of the Act is not in Statute book, as it was declared ultra vires, a tenant is entitled to contend that the landlord is not entitled to retain the advance in excess of one month's r....
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