Form No. J(2)

IN THE HIGH COURT AT CALCUTTA Civil Revisional Jurisdictionn Appellate Side Present :

The Hon’ble Justice Hiranmay Bhattacharyya C.O. 2726 of 2024 Ram Prabash Singh @ Ram Prabaesh Singh -Versus-

Nityananda Paul & Anr.

For the petitioners : Mr. Anirban Gope For the Opposite parties :

Heard On: : 20.03.2025 Judgment On: : 20.03. 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 being no. 52 dated March 12, 2024 and order being no. 55 dated 5^th June, 2024 both passed by the learned Judge, 4^th Bench, Presidency Small Cause Court, Calcutta in Ejectment Suit No.

7019 of 2014.

2.

The opposite parties herein filed a suit for eviction under Section 6 of the West Bengal Premises Tenancy Act, 1997. After entering appearance in the said suit, the petitioner herein filed applications under Section 7(1) and 7(2) of the West Bengal Premises Tenancy Act, 1997. The application under Section 7(2) of the West Bengal Premises Tenancy Act was allowed on August 25, 2015 permitting the defendant/petitioner herein to deposit the arrears of rent for the period from July, 2011 to January, 2015 within one month from the date of the order.

3.

It is not in dispute that the arrears of rent directed to be deposited by the order dated August 25, 2015 was deposited. However, the petitioner subsequently defaulted in payment of rent for the period from January, 2018 to June, 2022. The petitioner thereafter filed an application under Section 151 of the Code of Civil Procedure praying for an order permitting the petitioner to deposit the arrears of rent @ Rs. 175/- per month for the period from January, 2018 to June, 2022.

4.

The learned trial judge by an order being no. 40 dated July 7, 2022 permitted the defendant/petitioner herein to deposit the arrears of rent as stated in the petition at his own risk without any prejudice to the landlords/plaintiffs and also not hampering any right, if any, already accrued to the plaintiffs due to non-deposit of rent by the defendant side for the period from January, 2018 to June, 2022.

5.

Subsequent to the said order another order was passed on 3rd August, 2022 taking note of the earlier order dated July 7, 2022 and observing that in continuation of the aforesaid order the defendant is also permitted to deposit the arrears of interest at the risk of the defendant without causing any hindrance to the rights, if any, accrued to the plaintiff due to non-deposit of rent in time.

6.

In the meantime the plaintiffs/opposite parties herein filed an application under Section 7 (3) of the West Bengal Premises Tenancy Act, 1997 which was allowed by an order dated March 12, 2024 thereby striking out the defense of the petitioner against delivery of possession.

7.

Thereafter, the petitioner filed an application under Section 151 of the Code of Civil Procedure praying for recalling of the order dated 12th March, 2024 on the ground that the learned advocate for the petitioner could not file the court deposit challan to show that arrear rent for the period from January, 2018 to June, 2020 has been deposited.

8.

Learned advocate appearing for the petitioner submits that when the learned trial judge allowed the petitioner to deposit the arrear rent for the period from January, 2018 to June, 2022 and deposit has been made by the petitioner in compliance with the said order, the learned trial judge ought not to have allowed the application under Section 7 (3) of the West Bengal Premises Tenancy Act, 1997. He further submits that a litigant should not suffer due to the fault of the learned advocate and as the learned advocate for reasons beyond his control could not appear when the order dated 12^th March, 2024 was passed for which the court deposit challan could not be produced to show compliance of the order dated 7th July, 2022.

9.

Section 7(1)(a) of the West Bengal Premises Tenancy Act states that the tenant shall pay to the landlord