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IN THE HIGH COURT AT CALCUTTA
HIRANMAY BHATTACHARYYA
Raj Kishore Choudhury @ Chowdhury – Appellant
Versus
Devraj Agarwal – Respondent
JUDGMENT :
Hiranmay Bhattacharyya, J.
1. This application under Article 227 of the Constitution of India is at the instance of the defendant and is directed against an order dated November 11, 2024 passed by the learned Civil Judge (Jr. Div.), 5th Court at Howrah in Title Suit No.1230 of 2017.
2. By the order impugned the application under Section 151 of the Code of Civil Procedure filed by the petitioner herein praying for permission to deposit the rent from April, 2019 to March, 2022 together with interest stood rejected and the application under Section 7(3) of the West Bengal Premises Tenancy Act, 1997 stood allowed.
3. The opposite party herein filed a suit for eviction on the grounds enumerated under Section 6 of the West Bengal Premises Tenancy Act, 1997 (for short 1997 Act). After entering appearance in the said suit the petitioner filed applications under Section 7(1) and Section 7(2) of the 1997 Act. The learned trial judge, by an order dated June 21, 2021, disposed of the application under Section 7(2) of the 1997 Act by directing the petitioner to pay the arrears of rent amounting to Rs.60720/- as per the agreement and consent of both the parties as arrear rent from August,
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Mandatory compliance with rent deposit provisions under the West Bengal Premises Tenancy Act is essential; failure to comply results in striking off the defence.
Tenants must strictly adhere to rent payment protocols to avoid eviction; failure to comply with statutory requirements leads to serious legal consequences.
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.
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 mandatory nature of the provisions under the West Bengal Premises Tenancy Act, 1997, and the requirement for scrupulous compliance by the tenant to avoid eviction on the ground of non-payment of ....
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