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IN THE HIGH COURT AT CALCUTTA
SHAMPA SARKAR
Sanjiv Kumar Jaiswal – Appellant
Versus
Harigopal Das – Respondent
JUDGMENT :
Shampa Sarkar, J.
1. The revisional application arises out of an order dated November 14, 2022, passed by the learned Judge, 5th Bench, Small Causes Court, Calcutta. By the order impugned, an application under Section 7(3) of the West Bengal Premises Tenancy Act, 1997 (hereinafter referred to as “the said Act”), was allowed.
2. The petitioners were found to be defaulters and the defence was struck off. The learned court, upon considering the orders passed in the applications under Sections 7(1) and 7(2) of the said Act as also the exhibits and pleadings in paragraphs 7 and 8 of the application under Section 7(2) and paragraph 12 of the written statement, arrived at the conclusion that there were admitted dues which were not deposited. However, when the application under Section 7(1) of the said Act had been disposed of, an opportunity was given to the petitioner to deposit the admitted dues. The dues were not paid.
3. Thus, the court had no other alternative but to strike off the defence. The court found that the factum of deposit of rent from August 2014 to January 2018 also, could not be established by the petitioners.
4. By the order dated February 22, 2018, the learned Ch
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 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....
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....
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....
Mandatory compliance with rent deposit provisions under the West Bengal Premises Tenancy Act is essential; failure to comply results in striking off the defence.
(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....
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