Ct No.10

AD- 18

25.09.2025

(SSS)

CO 1177 of 2024 Smt. Manju Rana

Vs.

Sri Somnath Chandra and Ors.

Mr. Goutam Das

…..for the petitioner.

Mrs. Sabita Mukherjee Roy Chowdhury,

Mr. Sanket Das

….for the opposite parties.

1. The present challenge has been preferred by the defendant in an eviction suit under the West Bengal

Premises Tenancy Act, 1997.

2. By the impugned order, an application filed by the defendant/petitioner under Section 5 of the Limitation Act, 1963, for condonation of delay in making the deposit contemplated under Section 7(1) as well as under the first part of Section 7(2) of the

1997 Act, was turned down.

3. Learned counsel for the petitioner places reliance on a Division Bench judgment of this court in CO 3443 of 2010 with CO 3054 of 2011, where it was held that the time limit fixed, as mentioned in sub-sections (1) and (2) of Section 7 of the 1997 Act, to pay or to deposit with the Controller or the Civil

Judge all admitted arrears of rent together with interest, as mentioned in Clause (b) thereof and consequently, the time limit mentioned for this purpose as mentioned in sub-section (2), is not inflexible and it can be extended by the court by virtue of Section 5 of the Limitatio