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2024 Supreme(Cal) 1072

BIBHAS RANJAN DE
Arshad parwez – Appellant
Versus
Dindayal Kayan – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Swagata Datta, Adv., Mr. Kaushik Chaudhury, Ms. Busra Khatun, Adv., Ms. Manisha Paswan, Adv.
For the Respondent: Mr.Rahul Karmakar, Adv., Mr. Iftekar Munshi, Adv., Mr. Sounak Mukherjee, Adv.

JUDGMENT :

Bibhas Ranjan De, J.

1. Both the revision applications having identical issue of rent are being taken up together for disposal by this common judgment.

CO. 752 of 2022

2. Challenge of this revision application is the order no. 23 dated 25.02.2022 passed in connection with Ejectment Suit no. 60 of 2018 passed by Ld. Judge (6th Bench), Presidency Small Cause Court, Calcutta wherein Ld. Judge struck out the defence invoking Section 7(3) of the West Bengal Premises Tenancy Act, 1997 (for short Act, 1997), for non-compliance of the provision of Section 7 (1) & 7 (2) of the Act, 1997.

3. On 06.04.2018 plaintiff/opposite party herein filed one Ejectment Suit no. 60 of 2018 against the defendants/petitioners. On 02.05.2018 defendants entered appearance by filing an application under Section 7 (1) & 7 (2) of the Act, 1997. The application under Section 7(1) was allowed. Application under Section 7 (2) of the Act, 1997 read with Section 151 of the Code of Civil Procedure (for short CPC) was filed with a prayer for deposit of arrear rents for the period of from May 2017 to September 2017 along with current rent from May 2018. Petitioners/defendants were directed to pay at the rate at wh

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