Swapan Bhowmick vs Sanchindra Mohan Dhar & Ors
2024 Latest Caselaw 4468 Cal

Calcutta High Court (Appellete Side)

Swapan Bhowmick vs Sanchindra Mohan Dhar & Ors on 2 September, 2024

Author: Biswajit Basu

Bench: Biswajit Basu

ML41
September
sandip
Ct. 19
02.09.2024

In The High Court At Calcutta Civil Revisional Jurisdiction

C.O. No. 3095 of 2024 Swapan Bhowmick Vs. Sanchindra Mohan Dhar & Ors.

Mr. Gautam Chakraborty, Mr. Pulak Ray ... For the petitioner.

This is an application under Article 227 of the

Constitution of India.

The Order No. 19, dated April 23, 2024 passed by the

learned Judge, 3rd Bench, Presidency Small Causes Court

at Calcutta, in Ejectment Suit No. 275 of 2021, is under

challenge in the present revisional application.

The petitioner is a defendant in the connected Ejectment

Suit.

The defendant had filed an application under Section

151 of the Code of Civil Procedure praying permission to

deposit arrear rent for the period from February 2023 to

May 2023 alleging that he could not deposit the current

rent for the said period due to his financial stringency.

The learned Trial judge by the order impugned has

dismissed the said application and consequently has

dismissed the application under section 7(2) of the West

Bengal Premises Tenancy Act, 1997 and has allowed an

application under section 7(3) thereof.

Mr. Gautam Chakraborty, learned counsel for the

petitioner submits that though generally the extension of

time to deposit the arrear rent is not permissible but when

such extension is prayed for, pending disposal of an

application under section 7(2) of the said Act of 1997, the

situation is otherwise and the Court ought to have

extended the said time. Reliance is placed on the decisions

of the Single benches of this Court in the cases of Saurav

Das vs. Kartick Dutta & Ors., reported in 2019 SCC

Online Cal 9155 and Mithun @ Akhtar Ali Vs. Sk. Aziz

Haque & Ors., reported in 2017 SCC Online Cal 18467.

Heard Mr. Chakraborty, perused the materials on

record.

In view of the judgment of the Hon'ble Supreme Court in

the case of Bijay Kumar Singh & Ors. vs. Amit Kumar

Chamariya & Anr., reported in (2019) 10 SCC 660, there

is no scope to condone the delay in depositing the current

rent under Section 7(1)(c) of the said Act of 1997 and the

failure of the defendant to comply with the provision of

section 7(1) of the said Act of 1997 would automatically

attract the provision of section 7(3) thereof.

The order impugned for the aforesaid reasons does not

call for any interference.

C.O. 3095 of 2024 is dismissed without any order as to

costs.

Urgent Photostat certified copy of this order, if applied

for, be supplied to the parties subject to compliance with

all requisite formalities.

(Biswajit Basu, J.)