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BISWAROOP CHOWDHURY
Tapan Kumar Santra – Appellant
Versus
Tarak Nath Paul – Respondent
| Table of Content |
|---|
| 1. petition for eviction and arrears (Para 1 , 2) |
| 2. defendant's default and claims of inability to deposit (Para 3 , 4) |
| 3. court observations on deposit issues (Para 5 , 6) |
| 4. court's observations on tenant's circumstances and ability to pay rent. (Para 7) |
| 5. arguments presented by both parties regarding legal provisions (Para 9 , 10 , 11 , 12 , 13) |
| 6. court's decision balancing legal mandates and tenant's circumstances. (Para 14 , 18 , 28) |
| 7. key judgments influencing court's decision (Para 32 , 33 , 34) |
| 8. court's final ruling on the case (Para 68 , 69) |
JUDGMENT :
Biswaroop Chowdhury, J:
1. The petitioner before this Court is the plaintiff/landlord in a suit for eviction and is aggrieved by the order dated 18.06.2022 passed by the Learned Civil Judge (Junior Division) 7th Court at Howrah in Title Suit No-1417 of 2016. The petitioner being aggrieved by the order passed by the Learned Trial Court has come up with the instant application under Article 227 of the Constitution of India.
2. The case of the opposite party/defendant in an application under Section 151 of the Code of Civil Procedure with a prayer for granting permission to deposit the arrear rentals @ Rs 180/-per
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