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AJOY KUMAR MUKHERJEE
Pradip Kumar Bhutoria – Appellant
Versus
Joydeb Mukherjee – Respondent
| Table of Content |
|---|
| 1. background of ejectment suit and orders (Para 1 , 2 , 3) |
| 2. defendant's arguments on rent payment issues (Para 4 , 5 , 7) |
| 3. court's analysis of evidence and jurisdiction (Para 8 , 9 , 11) |
| 4. legal reasoning upholding lower court's decision (Para 10 , 12) |
| 5. final dismissal of the petition (Para 14 , 15) |
JUDGMENT :
AJOY KUMAR MUKHERJEE, J.
1. This application under Article 227 of the Constitution of India has been assailed against the order dated 10.02.2016 and 20.06.2017 passed by learned Civil Judge, (Junior Division), Alipore in Ejectment Suit No. 168 of 2007. By the impugned order dated 10.02.2016 the court below directed the defendant/tenant to pay Rs. 35,157.54/- within one month from the date of the order while disposing application under section 7(2) of the West Bengal Premises Tenancy Act, 1997. By the subsequent impugned order dated 20.06.2017 the court below rejected with cost, the defendant’s application under section 151 of the Code of Civil Procedure in which defendant had sought for reconsideration of the aforesaid order dated 10.02.2016.
2. The case of the petitioner is that plaintiff/opposite party herein filed aforesaid suit for Ejectment against the de
Tenants must strictly adhere to rent payment protocols to avoid eviction; failure to comply with statutory requirements leads to serious legal consequences.
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....
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....
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