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2026 Supreme(Cal) 591

IN THE HIGH COURT AT CALCUTTA
SHAMPA SARKAR
Sunita Devi Shaw – Appellant
Versus
Hazi Abdul Razzaque – Respondent


Advocates Appeared:
For the Petitioner: Mr. Ranjit Roy, Mr. Subir Banerjee, Md. Hossain,
For the Respondent: Mr. Siddheswar Chandra, Mr. Sandip Dutta,

Table of Content
1. factual background of eviction case. (Para 1 , 2)
2. contentions regarding rent arrears and defense. (Para 3 , 6 , 7 , 8 , 12)
3. court observations on procedural aspects. (Para 4 , 5 , 9 , 11 , 14)
4. mandatory compliance of rent deposit provisions. (Para 10 , 13 , 15)
5. conclusion affirming the lower court's order. (Para 16 , 17 , 19)

JUDGMENT :

SHAMPA SARKAR, J.

1. This revisional application arises out of an order dated December 5, 2024 passed by the learned Judge, 5 t h Bench, Presidency Small Causes Court, Calcutta, in Ejectment suit no. 179 of 2007.

2. By the order impugned, the learned court allowed the application under Section 7 (3) of the West Bengal Premises T enancy Act(hereinafter referred to as the said Act), filed by the opposite parties/ plaintiffs. The learned Court also disposed of the application filed by the added defendants / petitioners. The petitioners as the heirs of the erstwhile defendant no. 2 (a)] prayed for adjudication of the relationship between the plaintiffs and the defendants and also for permission to deposit arrear rents with interest.

3. The petitioners contend that the suit was filed for eviction of the defendants from the property,

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