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IN THE HIGH COURT AT CALCUTTA
HIRANMAY BHATTACHARYYA
Indrajit Chakraborty – Appellant
Versus
Tapan Paul – Respondent
JUDGMENT :
Hiranmay Bhattacharyya, J.
1. The order being no. 46 dated April 22, 2025 passed by the learned Civil Judge (Junior Division) 4th Court at Alipore, 24 Parganas (South) in Title Suit No. 56 of 2018 is under challenge in these applications under Article 227 of the Constitution of India. C.O. 2415 of 2025 is at the instance of the plaintiff and C.O. 2227 of 2025 is at the instance of the defendant.
2. By the order impugned, the application under Section 7(2) of the West Bengal Premises Tenancy Act was disposed of on contest by directing the defendant to deposit the arrear rent together with interest by two easy instalments in compliance with Section 7(2) of the West Bengal Premises Tenancy Act, 1997 and the defendant was directed to deposit current rent within the 15th of each succeeding month. The adjustment of the adjudicated rate of rent with the renovation cost and salami was left open to be adjudicated at the time of trial.
3. Since both the civil revision applications arise out of the selfsame order, the same were heard analogously and are decided by this common order.
4. For the sake of convenience the parties are referred to according to their rank in CO 2227 of 2025.
5.
Under the West Bengal Premises Tenancy Act, a tenant must deposit all arrears calculated at the last paid rate to secure protection against eviction, with the court mandated to address unresolved iss....
The essential preconditions for maintainability of an application under Section 7(2) of the West Bengal Premises Tenancy Act, 1997, are: (i) raising a dispute with regard to the rate of rent; (ii) de....
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....
The main legal point established in the judgment is the right of the tenant to claim adjustment of advance rent against the monthly rent under the West Bengal Premises Tenancy Act, 1997, and the appl....
Municipal taxes are considered part of the rent under the West Bengal Premises Tenancy Act, 1997, and non-payment leads to eviction.
Court reinforced that adherence to the mandatory deposit requirements in eviction cases is crucial, and failure to comply results in automatic consequences under the West Bengal Premises Tenancy Act.
Tenants must strictly adhere to rent payment protocols to avoid eviction; failure to comply with statutory requirements leads to serious legal consequences.
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