IN THE HIGH COURT AT CALCUTTA

Civil Revisional Jurisdiction

Appellate Side

Present:

The Hon’ble Justice Hiranmay Bhattacharyya

C.O. 2743 of 2025

Raj Kishore Choudhury @ Chowdhury

Vs.

Devraj Agarwal

For the Petitioner : Mr. Somnath Choudhury

Ms. Arpita Chowdhury

For the Opposite parties : Mr. Pratyush Patwari

Mr. Laxmi Agarwal

Heard on : 13/08/2025 Judgment on : 13/08/2025

Hiranmay Bhattacharyya , J. :

1. This application under Article 227 of the Constitution of India is at

the instance of the defendant and is directed against an order dated November 11, 2024 passed by the learned Civil Judge (Jr.

Div.), 5^th Court at Howrah in Title Suit No.1230 of 2017.

2. By the order impugned the application under Section 151 of the Code of Civil Procedure filed by the petitioner herein praying for permission to deposit the rent from April, 2019 to March, 2022 together with interest stood rejected and the application under Section 7(3) of the West Bengal Premises Tenancy Act, 1997 stood allowed.

3. The opposite party herein filed a suit for eviction on the grounds enumerated under Section 6 of the West Bengal Premises Tenancy Act, 1997 (for short 1997 Act). After entering appearance in the said suit the petitioner