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IN THE HIGH COURT AT CALCUTTA
SHAMPA SARKAR
Surya Publishers, Prop. Nemai Gorai – Appellant
Versus
Subir Paul – Respondent
JUDGMENT :
Shampa Sarkar, J.
1. The petitioner is aggrieved by an order dated January 14, 2025 passed by the learned Judge, 4th Bench, Presidency Small Causes Court at Calcutta, in Ejectment Suit No. 51 of 2024.
2. The petitioner is the tenant. He was contesting the eviction suit. The suit was filed under the West Bengal Premises Tenancy Act, 1997 (hereinafter referred to as the ‘said Act’. The petitioner filed an application under Section 7(1) of the said Act, which was allowed. Consequent upon the court allowing the said application, deposits were made. However, there was non-compliance of the provisions of Section 7(1)(c) of the said Act. On account of illness, the petitioner could not deposit the rent for the month of October 2024. The petitioner filed an application under Section 151 of the Code of Civil Procedure, seeking extension of time to deposit the rent for October 2024.
3. The application under Section 7(2) of the said Act seeking determination of the quantum of arrears was pending before the learned court. The application for condonation of delay to deposit the rent for October 2024 was filed on December 5, 2024. The same was dismissed. The application under Section 7(2)
Mandatory compliance with rent deposit provisions under the West Bengal Premises Tenancy Act is essential; failure to comply results in striking off the defence.
The inherent power of a court under Section 151 of the Code of Civil Procedure cannot be exercised if it is inconsistent with any of the powers expressly or by necessary implication conferred by othe....
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 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....
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.
Judicial discretion must be exercised in eviction cases to avoid injustice against tenants, especially during bona fide delays caused by circumstances beyond their control.
The court affirmed that compliance with mandatory timelines in the West Bengal Premises Tenancy Act is essential for tenants to avoid eviction due to non-payment of rent.
The tenant's failure to comply with the mandatory time limits for rent deposit under the WBPT Act results in the loss of defense against eviction, as extensions under the Limitation Act are inapplica....
The judgment establishes that repeated defaults in rent payment by a tenant, without timely applications for extension, can lead to eviction under the M.P. Accommodation Control Act.
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