AJOY KUMAR MUKHERJEE
Pushpa Madan – Appellant
Versus
Jagadish Caterar Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. details of the appellant's case and previous court order. (Para 1) |
| 2. arguments regarding the delay in rent deposit and reliance on legal advice. (Para 2 , 3) |
| 3. court's observations on legal compliance in eviction cases. (Para 4 , 5) |
| 4. legal standards for mandatory statutory requirements and delay. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 5. final ruling dismissing the case. (Para 12) |
JUDGMENT :
Ajoy Kumar Mukherjee, J.
1. Order dated 29th November, 2018 passed by the Learned Civil Judge (Senior Division) 2nd Court, Alipore in Ejectment Suit No. 353 of 2009 (subsequently renumbered as Ejectment Suit No. 6201 of 2014) has been assailed by filing the present application under Article 227 of the Constitution of India. Plaintiff opposite party herein being land lord filed aforesaid suit for Ejectment of premises tenant against the petitioner herein. The petitioners appeared in the said suit on 06.06.2014 and also filed their written statement. The petitioner further submits that as per the advice of the learned Advocate for the petitioner the petitioners were depositing rent regularly before the Rent Controller at Alipore till January 2016. Thereafter the petitioner changed their p
Bijay Kumar Singh and others Vs. Amit Kumar Chamariya and another reported in (2019) 10 SCC 660
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....
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 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....
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