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SUBHENDU SAMANTA
Binode Kumar Agarwal@ Panighata wala – Appellant
Versus
S. Serum Analysis Centre Pvt. Ltd. – Respondent
JUDGMENT :
(Subhendu Samanta, J.)
1. The instant Revisonal Application is preferred against order dated 20.09.2023 passed by the Learned Civil Judge, Junior Division, Siliguri, rejecting the application u/s 5 of Limitation Act filed by the present petitioner/ defendant in O.C (eviction suit) No. 199 of 2022 filed by the present OP/ plaintiff.
2. The brief fact of the case is that the present OP/ Plaintiff instituted a suit for recovery of possession misne profit and other consequential relief before the Learned Civil Judge, concern against the present petitioner/defendant (tenant). The present petitioner receive the summon of the Court on 01.02.2023 wherein the date of appearance was mentioned as 04.02.2023. However, as per resolution of legal bar no steps were taken on that date and the present petitioner appeared before the Learned Civil Judge, concerned on 22.03.2023. Thereafter, on 09.05.2023 the present petitioner filed an application u/s 5 of Limitation Act praying for condonation of delay for filing an application u/s 7(1) (a) of West Bengal Premises Tenancy Act 1997 and an application u/s 7(2) of West Bengal Premises Tenancy Act 1997. The Learned Civil Judge, concern after he
The court affirmed that Section 5 of the Limitation Act applies to applications under the West Bengal Premises Tenancy Act, allowing for extensions under specific conditions.
The Supreme Court's ruling in Amit Kumar Chamariya establishes that Section 5 of the Limitation Act does not apply to the mandatory provisions of Section 7 of the West Bengal Premises Tenancy Act, en....
The main legal point established in the judgment is the mandatory nature of the provisions of Section 7 of the West Bengal Premises Tenancy Act, 1997, and the inapplicability of Section 5 of the Limi....
The court affirmed that compliance with mandatory timelines in the West Bengal Premises Tenancy Act is essential for tenants to avoid eviction due to non-payment of rent.
The main legal principle established in the judgment is the mandatory nature of the statutory provisions outlined in Section 7 of the West Bengal Premises Tenancy Act, 1997, and the inapplicability o....
Section 5 of the Limitation Act cannot be invoked for condoning delays in applications under Section 7(2) of the W.B.P.T. Act, as compliance with specific statutory requirements is mandatory.
(1) Multiple dying declarations – All dying declarations should be consistent – Inconsistencies between such statements should be ‘material’ for its credibility to be shaken.(2) General rule for appr....
The tenant's failure to comply with the mandatory time limits for rent deposit under the WBPT Act results in the loss of defense against eviction, as extensions under the Limitation Act are inapplica....
The main legal point established in the judgment is the discretionary power of the Civil Judge to grant an extension of time for depositing arrear rent and the inflexibility of the time limit for pay....
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