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IN THE HIGH COURT AT CALCUTTA
SHAMPA SARKAR
Tushar Doshi – Appellant
Versus
Dindayal Kayan – Respondent
JUDGMENT :
Shampa Sarkar, J.
1) The application has been filed challenging the order dated March 11, 2025, passed by the learned Judge, 4th 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 determin
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.
Mandatory compliance with rent deposit provisions under the West Bengal Premises Tenancy Act is essential; failure to comply results in striking off the defence.
Mandatory compliance with rent deposit requirements under the West Bengal Premises Tenancy Act is essential to avoid eviction for non-payment; the court cannot extend time unless a timely application....
The tenant must deposit admitted arrears of rent with interest within the statutory timeframe to avoid eviction under the West Bengal Premises Tenancy Act.
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