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2012 Supreme(Cal) 677

JYOTIRMAY BHATTACHARYA
Madhabi Mukherjee – Appellant
Versus
Dipali Mitra – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Sabyasachi Bhattacharyya, S.T. Mina and Shohini Bhattacharya
For Respondents/Defendant: Kashinath Dey and Sandip Kr. Dey

JUDGMENT

Jyotirmay Bhattacharya, J.

Re: RVM No. 43 of 2008

1. The defendant (tenant) has filed this application praying for review of the order passed by this Court on 24th September, 2007 in C.O. 3357 of 2007. By the said order, the order of the learned Trial Judge by which the defence of the tenant was struck out for non-compliance of the provision of the section 7(1) of the West Bengal Premises Tenancy Act, 1997, was affirmed by this Court, as this Court found that the deposit of rent for certain period were invalid as such deposits were not made in the manner as prescribed under section 7(1) of the said Act. The suit for eviction was filed by the landlord under the provision of the West Bengal Premises Tenancy Act, 1997, in 2005. At the time when the said suit was filed, there were three options available to the tenant for deposit of rent. 'One of such options was to pay the rent to the landlord directly; the other option was to deposit the rent with the controller and the other option was to deposit such rent with the Court.

2. Subsequently in 2006, the provision of section 7(1)(a) was amended and the forum for deposit of such rent with the controller was deleted. The said amendme






























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