JUDGMENT :

Shampa Sarkar, J.

1) The application has been filed challenging the order dated March 11, 2025, passed by the learned Judge, 4^th Bench, Presidency Small Causes Court at Calcutta in Ejectment Suit No. 86 of 2018.

2) By the order impugned, the learned Court rejected an application dated January 15, 2025. The petitioner filed the said application as a tenant, seeking permission to deposit the rent in connection with the suit property as was adjudicated on November 27, 2024.

3) Learned advocate for the petitioner contends that the calculation of the arrear rent that was found to be payable under Section 7(2) of the West Bengal Premises Tenancy Act, 1997, (hereinafter referred to as the said Act) was erroneous. The Court had directed payment of arrear rent for 92 months, along with maintenance charges and quarterly corporation tax together with the statutory interest. The petitioners were directed to go on paying the current rent and the Corporation tax for the upcoming quarters of the financial year within the time specified in Section 7(1)(c) of the West Bengal Premises Tenancy Act.

4) On perusal of the application for extension of time to make the payment of the amount determined under Section 7(2) of the said Act, it does not appear that the petitioner was at all aggrieved by the order passed under Section 7(2) of the said Act. All that the petitioner prayed for was to extension of time to deposit the arrears and the monthly rent.

5) Section 7 of the said Act provides a mechanism by which the tenant can be protected from eviction for non-payment of rent. This protection is available to the tenant irrespective of the ground for eviction. Even in cases where the suit for eviction is sought under other grounds than default, upon compliance of Section 7, the tenant is protected to the extent that he has a right to contest the eviction proceeding.

6) Section 7(1)(a) provides that a suit being instituted by the landlord for eviction on any of the grounds referred to in Section 6, the tenant shall, subject to the provisions of sub-section (2) of the Section, pay to the landlord or deposit with the Civil Judge all arrears of rent, calculated at the rate at which it was last paid and upto the end of the month previous to that in which the payment was made together with interest at the rate of 10% per annum. Under the said provision the tenant was required to deposit the arrear rent with 10% interest. Sub- section 7(1)(b) provides that such payment or deposit shall be made within one month of the service of summons on the tenant or, where the tenant appears in the suit without the summons being served upon him, within one month of his appearance. Section 7(1)(c) provides that the tenant shall thereafter continue to pay to the landlord or deposit with the Civil Judge month by month by the 15^th of each succeeding month, a sum equivalent to the rent at that rate.

7) Section 7(2) provides that, if in any suit referred to in sub-section (1), there is any dispute as to the amount of the rent payable by the tenant, or the tenant disputes the relationship, in that case, within the time specified in that sub-section, the tenant shall deposit with the civil judge the amount of admitted rent and file an application for determination of the rent payable and/or the relationship between the parties. No such deposit shall be accepted unless it is accompanied by an application for determination of the rent payable. On receipt of the application, the civil judge shall, having regard to the rate at which rent was last paid and the period for which default may have been made by the tenant, make an order specifying the amount, if any, due from the tenant and, thereupon, the tenant shall, within one month of the date of such order, pay to the landlord the amount so specified in the order.

8) Having regard to the circumstances of the case, extension of time may be granted by the civil judge only once and the period of such extension shall not exceed two mon