Sova Shaw vs Partha Santra - 2025 Supreme(Cal) 112

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Cal) 112

BIBHAS RANJAN DE
Sova Shaw – Appellant
Versus
Partha Santra – Respondent

Advocates Appeared:
For the Petitioners: Mr. Kushal Chatterjee, Adv., Mr. Debrup Choudhury, Adv.
For the Respondent: Mr. Tanmoy Mukherjee, Adv, Mr. Diptyendu Kumar Pal, Adv.

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