JUDGMENT :

Hiranmay Bhattacharyya, J.

1. This application under Article 227 of the Constitution of India is at the instance of the defendant and is directed against an order dated 2nd September, 2023 passed by the learned Civil Judge (Senior Division) 1st Court at Howrah in Title Suit no. 433 of 2022.

2. By the order impugned, the application under Section 5 of the Limitation Act, 1963 stood rejected. Consequently, the applications under Sections 7(1) and 7(2) of the West Bengal Premises Tenancy Act, 1997 was rejected on the ground that the same were not filed within the stipulated period.

3. Opposite party herein filed a suit for eviction inter alia on the ground of reasonable requirement. Petitioner filed the applications under Section 7(1) and 7(2) of the West Bengal Premises Tenancy Act, 1997 (hereinafter referred to as the “W.B.P.T. Act, 1997”). Petitioner also filed application under Section 5 of the Limitation Act praying for condonation of delay in filing the aforesaid application.

4. Opposite party contested the said application by filing written objection raising the point of maintainability of an application under Section 5 of the Limitation Act in connection with an applicat