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IN THE HIGH COURT AT CALCUTTA
AJOY KUMAR MUKHERJEE
Debi Prosad Chakraborti – Appellant
Versus
Ranu Ghosh – Respondent
JUDGMENT :
Ajoy Kumar Mukherjee , J.
1. This instant revisonal application has been directed against an order dated September, 07, 2021 passed by learned Civil Judge (Junior Divisions) 1st Court, Sealdah, in Ejectment Suit no. 10 of 2009, thereby disposing an application under section 7(2) of the West Bengal Premises Tenancy Act, 1997( in short Act of 1997) directing the opposite parties herein to pay a sum of Rs. 2474/- as arrear rent along with interest by the next date. By the self same order the opposite parties were further directed to continue depositing the sum equivalent to the rate of rent month by month.
2. The factual matrix of the present case is that the petitioners herein as plaintiff filed a suit for eviction and mesne profits in respect of the suit property. The opposite parties herein as defendants appeared in the said suit and also filed application under section 7(2) of the Act of 1997 for adjudication of the relationship between the parties and also for adjudication of the arrears of rent. The plaintiff /petitioner filed written objection to the said application denying and disputing all the allegations stated in the said application.
3. Petitioner contended that pr
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.
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....
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