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IN THE HIGH COURT AT CALCUTTA
HIRANMAY BHATTACHARYYA
Raj Kishore Choudhury @ Chowdhury – Appellant
Versus
Devraj Agarwal – Respondent
| Table of Content |
|---|
| 1. application under article 227 concerning eviction order. (Para 1 , 2) |
| 2. background on rent payment directives and compliance. (Para 3 , 4 , 5 , 10) |
| 3. arguments regarding failure to deposit rent due. (Para 6 , 7) |
| 4. court's observations on compliance issues and evidence. (Para 8 , 9 , 11 , 12 , 13) |
| 5. mandatory provisions of the west bengal premises tenancy act. (Para 14 , 16 , 19) |
| 6. legal reasoning from bijay kumar singh case. (Para 18) |
| 7. conclusion and dismissal of the petitioner's appeal. (Para 20 , 21 , 22 , 23 , 24) |
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 file
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....
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 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.
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