PRABIR ROY CHOWDHURY Vs. REENA MAJUMDER

JUDGEMENT

(1.) Order being dtd. 5/6/2018 passed by the learned Civil judge(Junior Division) 2nd Court at Alipore, in Ejectment Suit No.55 of 2013, has been assailed in the present application. This application has a checkered history. The opposite party herein/plaintiff filed aforesaid ejectment suit against the petitioner herein/ defendant/tenant on 11/4/2007. After receiving summon the tenant/defendant appeared in the said suit on 31/5/2007, but defendant/petitioner did not file any application under Sec. 7(1) or 7(2) of the Act within statutory period and after long lapse of time on 22/7/2008, he filed applications under Sec. 7(1) and 7(2) of the Act of 1997 along with application under Sec. 5 of the Limitation Act. Learned Court below by an order dtd. 19/3/2009 allowed the defendant/petitioner's application under Sec. 5 of the Limitation Act in filing the application under Sec. 7(1) and 7(2) with cost of Rs.5,00.00. Subsequently after long interval, the court below had ultimately taken up defendant's application under Sec. 7(2) of the Act of 1997 on 5/8/2016 and while disposing the said application, was pleased to held that total arrear amount is Rs.2,29,311.22

(2.) Subsequently by an application the petitioner herein prayed for recalculation of the arrear amount of rent contending that he has already deposited rent which includes rent of the months of February, 2015 to April 2015 and accordingly after recalculation the court below came to a finding by the said order dtd. 6/9/2016 that the defendant is a defaulter in payment of rent for 56 months and arrear amount is Rs.2,14,746.85 and defendant was directed to pay the said arrear amount within a period of one month from date i.e. within 6/10/2016. Subsequently defendant prayed for payment of the said amount by easy instalments but learned court below by an order dtd. 19/12/2016 was pleased to reject the said prayer made by the defendant. On 21/4/2017 the plaintiff filed an application under Sec. 7(3) of the West Bengal Premises Tenancy Act for striking out the defence. Prior to that being aggrieved by the order dtd. 19/12/2016 the petitioner herein preferred civil revision application before this court being C.O. 1347 of 2017 and while disposing the said application this court was pleased to observe by an order dtd. 24/4/2017, as follow:-

(3.) Accordingly the petitioner applied for certified copy of the order dtd. 24/4/2017 and got the same on 14/6/2017 and the petitioner deposited arrear amount of default to the bank account of the plaintiff and filed an application on 24/7/2017 for recording the deposited amount through demand drafts. On the other hand plaintiff's aforesaid application under Sec. 7(3) of the Act of 1997 for striking out the defence of the petitioner, was duly contested, but learned court below by the impugned order dtd. 5/6/2018 was pleased to allow the application filed by the opposite party herein under Sec. 7(3) of the Act of 1997.