OM PRAKASH AGARWAL Vs. BIJAY SINGH DUGAR

JUDGEMENT

(1.) Order no. 47 dated August 13, 2019, passed by learned Judge, 3rd Bench, Small Causes Court, Kolkata in Ejectment Suit No. 6752 of 2014, is the subject matter under challenge in the present Application. By the impugned order learned court below was pleased to allow defendant /tenants' application under Sec. 151 of the Code of the Civil Procedure dated March 20, 2019 seeking permission to deposit rent for the month of January 2019 to February 2019, which could not be deposited in time.

(2.) The petitioners case in brief is that petitioners herein filed aforesaid ejectment suit no. 6752 of 2014 interalia praying for decree of ejectment and delivery of "khas" possession of the suit premises against the opposite parties herein who are tenants in respect of suit premises at a monthly rent of Rs.1940.00, payable according to English Calendar month. The defendant/tenants/opposite parties herein after receiving summon appeared in the said suit and filed application under Sec. 7(1) and 7(2) of the West Bengal Premises Tenancy Act, 1997 (herein after called as Act of 1997). Plaintiff /petitioners filed written objection and learned court below had disposed of both the applications under Sec. 7(1) and 7 (2) directing the opposite parties herein to deposit arrear rent and also to deposit current rent month by month.

(3.) Petitioners further case is on 14/9/2015 an application was filed on behalf of the opposite parties under Sec. 151 of the code, wherein it was stated that the opposite parties deposited rent in terms of order passed under Sec. 7(1) of the Act of 1997 up to the month of June 2015 and subsequent thereto the defendant no. 2 met with an accident and was bedridden and could not deposit rent for the month of July, 2015 and as such opposite party should be allowed to deposit rent from July, 2015 and thereafter month by month after condoning the delay. Said prayer was allowed by the court below.