Back
IN THE HIGH COURT AT CALCUTTA
SHAMPA SARKAR
Swapan Pal @ Swapan Kumar Paul – Appellant
Versus
Kanika Das – Respondent
JUDGMENT :
Shampa Sarkar, J.
1. The revisional application has been filed challenging an order dated August 31, 2022, passed by the learned Civil Judge (Junior Division), 1st Court at Chandernagore, Hooghly in title Suit No.45 of 2014.
2. By the order impugned, the learned court rejected the applications filed under Sections 7(1) and 7(2) of the West Bengal Premises Tenancy Act, 1997 (hereinafter referred to as the ‘said Act’) on the ground of delay. The learned Judge, also invoked his power under Section 7(3) of the said Act by striking out the defence of the tenants.
3. The tenants have approached this Court, aggrieved by the aforementioned order on the following grounds:-
a) The learned court, without adjudicating whether the tenants were actually in arrears, could not have struck off the defence.
b) Unless there was a specific finding by the court that there were arrears to be paid by the tenants and there had been default on the part of the tenants in paying such arrears or current rent, defence could not be struck off.
c) The learned court failed to take into consideration that the question of arrear rent and default, would not arise as the tenants had paid in excess of the contract
The main legal principle established in the judgment is the mandatory nature of the statutory provisions outlined in Section 7 of the West Bengal Premises Tenancy Act, 1997, and the inapplicability o....
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 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 main legal point established in the judgment is the mandatory nature of the provisions of Section 7 of the West Bengal Premises Tenancy Act, 1997, and the inapplicability of Section 5 of the Limi....
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.
The Supreme Court's ruling in Amit Kumar Chamariya establishes that Section 5 of the Limitation Act does not apply to the mandatory provisions of Section 7 of the West Bengal Premises Tenancy Act, en....
The tenant must deposit admitted arrears of rent with interest within the statutory timeframe to avoid eviction under the West Bengal Premises Tenancy Act.
Mandatory compliance with rent deposit provisions under the West Bengal Premises Tenancy Act is essential; failure to comply results in striking off the defence.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
