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2023 Supreme(Cal) 1523

BIVAS PATTANAYAK
Mahadeo Business Centre Pvt. Ltd. – Appellant
Versus
Amiya Chorone Roquittee – Respondent


Advocates Appeared:
For the Petitioner: Mr. Buddhadeb Ghoshal, Mr. Anirudh Poddar, Mr. Dhiraj Kumar Gupta, Mr. Swarup Saha.
For the Opposite Party : Mr. Dwaipayan Basu Mallick, Mr. Meghnath Dutta, Mr. Rahul Kumar Singh, Mr. Rajesh Upadhyay.

JUDGMENT :

Bivas Pattanayak, J.

This revisional application is filed by the petitioner under Article 227 of the Constitution of India challenging order No.29 dated 15th September, 2022 passed by the learned Judge, 2nd Bench, City Civil Court at Calcutta in Ejectment Suit No.12 of 2019.

2. The brief fact of the case is that the opposite party/plaintiff filed a suit for eviction which is registered as Ejectment Suit No.12 of 2019. In the said suit, the petitioner filed two applications; one under Section 7 (1) of the West Bengal Premises Tenancy Act, 1997 and another under Section 7 (2) of the said Act. By order No.14 dated 12th January, 2021 the application under Section 7 (1) of the Act was disposed of by the trial court directing the petitioner-defendant to deposit arrears of rent from February, 2020 to January, 2021 @Rs.2,100/- together with interest accrued thereon @10% per annum within thirty days from the date of order. The application under Section 7 (2) of the Act was rejected. Hence, this revision.

3. Mr. Buddhadeb Ghoshal, learned Advocate for the petitioner referring to Section 7 (2) of the West Bengal Premises Tenancy Act submits that on an application being made by the

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