Goutam Chatterjee vs Khokan Roy & Ors
2024 Latest Caselaw 4811 Cal

Calcutta High Court (Appellete Side)

Goutam Chatterjee vs Khokan Roy & Ors on 18 September, 2024

Author: Biswajit Basu

Bench: Biswajit Basu

18.09.2024 Item No.91 ML Ct.19 A.J. IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION C.O. 931 of 2024 Goutam Chatterjee

-Vs-

Khokan Roy & Ors.

Mr. Sanjay Saha.

......for the petitioner.

Mr. Rwitendra Banerjee, Mr. Shibasis Chatterjee.

......for the opposite party no.3.

Affidavit of service filed on behalf of the

petitioner be kept with the record.

The plaintiff in a suit for eviction under Section

6 of the West Bengal Premises Tenancy Act, 1997 is the

petitioner of the instant application under Article 227 of

the Constitution of India which is directed against Order

No.24 dated December 18, 2023 passed by the

Additional Court of the learned Civil Judge (Junior

Division) at Lalbag, District: Murshidabad in the said

suit being Title Suit No. 308 of 2019.

The sole defendant died before service of

summons; the heirs and legal representatives of the

deceased defendant were substituted in the suit.

The defendant no.3 is contesting the suit

claiming that the tenancy has devolved upon him. The

said defendant though had filed the application under

Sections 7(1) and 7(2) of the West Bengal Premises

Tenancy Act, 1997 within the period of limitation and

has deposited the arrear rent with statutory interest

thereon and was depositing the current rent, but

defaulted in depositing the current rent for the period

from January 2022 to October 2023. The said defendant

had filed an application on November 18, 2023 praying

permission to deposit the arrear rent for the said period.

The learned Trial Judge by the order impugned

has granted such permission and has also disposed of

the said application under Section 7(2) of the said Act of

1997.

In view of the judgment of the Special Bench of

this Court in the case of SMT. BINIKA THAPA (NEE

RAI) & ANR. -VS- SMT. DAMBER KUMARI MUKHIA &

ANR. reported in 2023 SCC online Calcutta 5478,

extension of time to comply with the requirement of

Section 7(1)(c) of the said Act of 1997 is not permissible.

The order impugned therefore is set aside. The

application of the defendant no.3 dated November 18,

2023 is dismissed.

C.O. 931 of 2024 is thus allowed without any

order as to costs.

Urgent Photostat certified copies of this order,

if applied for, be supplied to the parties subject to

compliance with all requisite formalities.

(Biswajit Basu, J.)