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IN THE HIGH COURT AT CALCUTTA
HIRANMAY BHATTACHARYYA
Indrajit Chakraborty – Appellant
Versus
Tapan Paul – Respondent
| Table of Content |
|---|
| 1. legal challenge to prior order (Para 1 , 2 , 3) |
| 2. background of tenant's eviction suit (Para 5 , 6 , 8) |
| 3. arguments on rent payment default (Para 10 , 11 , 12) |
| 4. testimony regarding rent payments (Para 13 , 14 , 15) |
| 5. court’s position on rent deposits (Para 18 , 19 , 20) |
| 6. interpretation of section 7 of the act (Para 22 , 24 , 26) |
| 7. tenant's obligations under the act (Para 28 , 29 , 34) |
| 8. court’s refusal to prejudge ancillary case (Para 39 , 40 , 41) |
| 9. court’s final orders issued (Para 42 , 43) |
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 B
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.
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