In the High Court At Calcutta

CIVIL REVISIONAL JURISDICTION

CIRCUIT BENCH AT JALPAIGURI

APPELLATE SIDE

Present:

The Hon’ble Justice Debangsu Basak

CO/171/2025

PINTOO AGARWAL

VS

AMAR NAULAKHA

For the Petitioner :Mr. Hasang Bhutia, Advocate

For the Opposite Party :Mr. Raja Saha, Advocate

Mr. Sujit Sankar Koley, Advocate

Ms. Bedashruti Bose, Advocate Mr. Subham Chanda, Advocate

Heard & Judgment on: November 19, 2025

Debangsu Basak, J.

1. Revisional application is directed against Order No. 27 dated July

31, 2025 passed in OC Eviction Suit No. 05 of 2023 pending in the

Court of the learned Civil Judge (Senior Division), Darjeeling.

2. Revisonal application is at the behest of the plaintiff in a suit for

eviction.

3. Learned advocate appearing for the petitioner submits that, the

plaintiff filed the suit for eviction on October 16, 2023. The summons on the Opposite Party was served on November 1, 2023. The Opposite Party appeared on November 2, 2023. According to

him, therefore, in terms of Section 7(1) of the West Bengal Premises Tenancy Act, 1997, since, the suit property was governed by the provisions of the Act of 1997, was obliged to deposit rent within one month from the service of summons on the tenan