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2026 Supreme(Cal) 361

IN THE HIGH COURT AT CALCUTTA
AJOY KUMAR MUKHERJEE
Nisha Shah – Appellant
Versus
Madhuri Chandra – Respondent


Advocates Appeared:
For the Petitioner: Mr. Souvik Sen

Judgment :

Dr. Ajoy Kumar Mukherjee, J.

1. Petitioner herein has assailed the order dated 7th August, 2024 passed by the Civil Judge (Senior Division) 9th court Alipore in Ejectment Suit no.58 of 2022.

2. The principal opposite parties(OP) herein as landlords filed aforesaid Ejectment suit no. 58 of 2022 with a prayer for recovery of khas possession and consequential reliefs. The defendant/petitioners appeared in the suit after receiving summons and filed two applications under section 7(1) and 7(2) of the West Bengal Premises Tenancy Act, 1997 (in short Act of 1997). Plaintiffs /OP herein filed written objection against said application. Upon contested hearing learned Court below was pleased to dispose of said two applications by an order dated 17.08.2023, with the observation that the challans filed by the defendants portrays that they have paid the rent of the suit premises on and from the month of November, 2011 to October, 2022 before the Rent controller, except the month of May to July 2012. He further observed that the challans in connection with the deposit of monthly rent for the months of March, 2017 to November 2022 was made in the name of a dead person. He also observed th

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