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.

JUDGMENT :

Bibhas Ranjan De, J.

1. Challenge is the order dated 24.08.2022 passed in connection with Ejectment Suit No. 13 of 2020 whereby Ld. Civil Judge, Junior Division, Bidhannagar allowed an application under Section 7 (2) of the West Bengal Premises Tenancy Act, 1997 (for short Act of 1997) after determining the relationship of landlord and tenant, decided quantum of admitted rent and arrears rent to the tune of Rs. 36,960/- for the period since January, 2011 to December, 2019 and January, 2020 to December, 2020.

2. Plaintiff/petitioner herein filed a suit under Section 6 of the Act of 1997 for eviction and recovery of Khas possession. Defendant/opposite party herein entered appearance in the suit by filing written statement. Thereafter, defendant/opposite party herein filed application under Section 7 (1) & 7(2) of the Act of 1997 with a prayer to determine the dispute of arrears of rent.

3. Ld. Trial Judge recorded the impugned order.

4. Only issue before this Court is whether Ld. Trial Judge committed any error in finding the arrears rent admitted by the defendant in terms of Section 7 (1) of the Act of 1997.

At the Bar:-

5. Ld. Counsel, Mr. Kushal Chatterjee, appearing on behalf of the petitioners has mainly canvassed his argument on the ground that the defendant/opposite party herein did not deposit the admitted arrears rent in terms of Section 7 (1) of the Act of 1997. In support of his argument he has drawn the attention of this Court to the relevant paragraphs of written statement, petition under Section 7 (1) & 7(2) of the Act of 1997.

6. In support of his contention, Mr. Chatterjee has relied on a case of Bijay Kumar Singh and others vs. Amit Kumar Chamariya and another reported in (2019) 10 Supreme Court Cases 660.

7. In opposition to that, Ld. Counsel, Mr. Tanmoy Mukherjee appearing on behalf of the defendant/opposite party has countered by submitting inter alia that nowhere in the pleadings or petitions under Section 7 (1) & 7(2) of the Act of 1997 Defendant/opposite party admitted the arrears rent. Mr. Mukherjee has tried to make this Court understand more particularly that there is no unequivocal or unconditional admission by the defendant/opposite party herein.

8. In support of his contention, Mr. Mukherjee has relied on a case of Gurmeet Singh Sidana vs. Ameek Singh Sawhney reported in 2023 SCC OnLine Del 6230

Analysis:-

9. Before going into further discussion with respect to the intricacies of the case at hand, I think it would be profitable to first reproduce the provision of Section 7 of the Act of 1997 which runs as follows:-

“7. When a tenant can get the benefit of protection against eviction.- (1)(a) On a [suit] being instituted by the landlord for eviction on any of the grounds referred to in section 6, the tenant shall, subject to the provisions of sub-section (2) of this section, pay to the landlord or deposit with [the Civil Judge] all arrears of rent, calculated at the rate at which it was last paid and upto the end of the month previous to that in which the payment is made together with interest at the rate of ten per cent per annum.

(b) Such payment or deposit shall be made within one month of the service of summons on the tenant or, where he appears in the [suit] without the summons being served upon him, within one month of his appearance.

(c) The tenant shall thereafter continue to pay to the landlord or deposit with [the Civil Judge] month by month by the 15th of each succeeding month, a sum equivalent to the rent at that rate.

(2) If in any [suit] referred to in sub-section (1), there is any dispute as to the amount of the rent payable by the tenant, the tenant shall, within the time specified in that sub-section, deposit with [the Civil Judge] the amount admitted by him to be due from him together with an application for determination of the rent payable. No such deposit shall be accepted unless it is accompanied by an application for determination of the rent payable. On receipt of the application, [