SRI SUBRATA MUKHERJEE Vs. SMT. BISHAKHA DAS

JUDGEMENT

(1.) In a suit for eviction of tenant (Ejectment Suit No. 48/07), the Petitioner is the Defendant. After receipt of certified copy of the plaint from the trial Court, the Petitioner entered appearance in the suit and filed his written statement on September 8, 2009. It has been alleged by him that summons along with the plaint has not been served upon him.

(2.) On or about January 7, 2010, the Plaintiff (opposite party herein) filed a petition under Section 7(3) of the West Bengal Premises Tenancy Act, 1997 (hereafter the Act) urging the trial Court to strike out the defence of the Petitioner. While the said petition was pending, the Petitioner filed a petition under Section 7(2) of the Act on March 25, 2010. This petition was accompanied by an application under Section 5 of the Limitation Act for condoning the delay in filing the petition under Section 7(2) of the Act.

(3.) The petition under Section 7(2) of the Act as well as the application under Section 5 of the Limitation Act was opposed by the Plaintiff in the trial Court. Upon hearing the parties, the trial Court by its order dated August 18, 2010 rejected the same, without costs. The trial Court was of the view that there were serious laches on the part of the Petitioner and the delay, which was largely unexplained, cannot be condoned.