DEBASISH PAUL Vs. AMAL BORAL

JUDGEMENT

(1.) Respondent is stated to have been inducted as a tenant in respect of shop No. AC 249, Rabindrapally, Krishnapur, Post Office Prafulla Kanan, Police Station Baguiati, Kolkata - 700101, District 24 Parganas (North) at an agreed rent of Rs.352.00 per month of which the appellants are the landlords. It is the say of the appellants that the respondent stopped paying the rent from February 2005, and on that account ultimately a notice was served on 31/10/2013 on the respondent to vacate the premises. Soon thereafter, the appellants filed a suit for eviction, being title Suit No.667/2013 against the respondent-tenant for non-payment of rent.

(2.) In the proceedings, the respondent made an application under Ss. 7(1) and (2) of the West Bengal Premises Tenancy Act, 1997 (hereinafter referred to as the 'said Act'). The application was rejected by the Trial Court vide a judgment dtd. 11/9/2018 on the ground that the respondent had entered appearance in the suit on 9/2/2016 but filed the application only on 14/12/2016 i.e., after a delay of ten months.

(3.) The application, not being filed within the statutory period of one month, was, thus, rejected. No application was filed under Sec. 5 of the Limitation Act, 1963.