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CALCUTTA HIGH COURT
SHAMPA DUTT (PAUL)
Tarak Nath Banerjee – Appellant
Versus
Prantosh Kumar Saha – Respondent
Judgment :
Shampa Dutt (Paul), J.
1. The revisional application has been preferred against an order dated 10.12.2021, passed by the learned Civil Judge (Junior Division), 1st Court, Sealdah, South 24 Parganas, in Ejectment Suit No. 62 of 2011, allowing the application under Section 7(3) of the West Bengal Premises Tenancy Act, 1997, filed by the plaintiff/opposite party.
2. Vide the order under challenge, the trial Court held as follows:-
“……..On perusal of the record, it appears that this Court had disposed of the application under Section 7(2) of the WBPT Act, 1997 vide order dated 24.07.2014 with the observation that there are no arrears of rent. In such a situation, the contention of the plaintiff that the defendant has not paid arrears of rent does not hold good. However, as per Section 7(1)(c) of the WBPT Act, 1997, the tenant shall continue to pay to the landlord or deposit with the Civil Judge month by month by the 15th of each succeeding month, a sum equivalent to the rent. In the instant suit, even though the defendant did not have any arrears to pay, he was under the obligation to comply with the afore-mentioned provision. The defendant has filed Challans to show that he has
Judicial discretion must be exercised in eviction cases to avoid injustice against tenants, especially during bona fide delays caused by circumstances beyond their control.
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