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IN THE HIGH COURT AT CALCUTTA
AJOY KUMAR MUKHERJEE
Ashok Kumar Bera – Appellant
Versus
Biswanath Ghorai – Respondent
1.The plaintiff/opposite party herein on 06th September, 2017 filed a suit, being other suit no. 42 of 2017 before Civil Judge (Junior Division) 1st Court Tamluk against the defendants/petitioners herein for khas possession by eviction, mean profit and also for other reliefs.
2.The petitioners being defendant no.1, 2, 3 and 4 of the said suit after getting summon entered appearance in the said suit on 14th December, 2017. Thereafter on 06th March, 2018, the defendants/ petitioners herein filed applications under section 7(1) and 7(2) of the West Bengal Premises Tenancy Act, 1997 (in short Act of 1997) and along with the said applications, the defendants/petitioners also filed another application under section 5 of the Limitation Act 1963 for condoning delay in filing the applications under section 7(1) and 7(2) of the Act of 1997. By an order dated 9th March, 2018, the court below allowed defendants, Application under section 7(1) of the Act of 1997 and fixed next date for hearing defendants’ application under section 7(2) of the Act. Thereafter the petitioner deposited the alleged arrear rent and also deposited original challan on 27.03.2018. On 03.04.2018 the plaintiffs /opposite
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....
(1) Multiple dying declarations – All dying declarations should be consistent – Inconsistencies between such statements should be ‘material’ for its credibility to be shaken.(2) General rule for appr....
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 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 Section 5 of the Limitation Act applies to applications under the West Bengal Premises Tenancy Act, allowing for extensions under specific conditions.
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