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SHAMPA SARKAR
Debasish Roy – Appellant
Versus
Bipul Kumar Roy – Respondent
JUDGMENT :
SHAMPA SARKAR, J.
1. The revisional application arises out of an order dated September 5, 2022 passed by the learned Civil Judge (Junior Division), 2nd Court at Barrackpore in Ejectment Suit No. 42 of 2010.
2. By the order impugned, the learned court allowed the defendant/tenant and the opposite party before this court, to deposit arrear rent of Rs.14,496/- by allowing the application under Section 7(2) of the West Bengal Premises Tenancy Act, 1997 (hereinafter referred to as ‘the Act’).
3. The petitioner contends that the opposite party entered appearance in the suit and filed two applications, one under Sections 7(1) and the other under Section 7(2) of the said Act on August 11, 2010. The written statement was filed on November 30, 2010. Although the tenant contended before the learned court in both the applications as also in the written statement that there were arrears from April 2004 to July 2010 and he was willing to deposit the entire arrears upon determination of the same, no deposit of the admitted arrear had been made along with the applications under Section 7(1) and 7(2) of the said Act.
4. The learned advocate for the opposite party/tenant submits that a total a
The tenant must deposit admitted arrears of rent with interest within the statutory timeframe to avoid eviction under the West Bengal Premises Tenancy 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....
Mandatory compliance with rent deposit requirements under the West Bengal Premises Tenancy Act is essential to avoid eviction for non-payment; the court cannot extend time unless a timely application....
Court reinforced that adherence to the mandatory deposit requirements in eviction cases is crucial, and failure to comply results in automatic consequences under the West Bengal Premises Tenancy Act.
Tenants must strictly adhere to rent payment protocols to avoid eviction; failure to comply with statutory requirements leads to serious legal consequences.
An admission of arrears of rent must be clear and unambiguous to relieve the opponent of the burden of proof; otherwise, it affects the right to defend against eviction.
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