KABITA BISWAS Vs. SADHAN DASGUPTA

JUDGEMENT

(1.) This application under Article 227 of the Constitution of India has been directed against order dated December 21, 2019 passed by the learned Additional Civil Judge (Junior Division), Sealdah, in Ejectment Suit no. 109 of 2014.

(2.) Petitioner contended that the opposite party herein as plaintiff filed aforesaid suit for eviction against the predecessor in interest of the petitioners, being the deceased father of the petitioners. Original defendant appeared in the suit and filed written statement denying all material allegations made in the plaint. He also filed application under Sec. 7(2) of the West Bengal Premises Tenancy Act 1997 (Act of 1997) for determination of arrear rent and rate of rent payable to the plaintiff/opposite party. Plaintiff /opposite party herein field written objection and learned court below by an order dtd. 5/10/2018 disposed of the said application under Sec. 7(2) directing the predecessor in interest of the petitioner to deposit a total sum Rs.53,020.00 within one month from the date of said order.

(3.) Petitioners further submit due to death of their father and for some other reasons the petitioners could not deposit the aforesaid arrear rent within time as determined by the court by the aforesaid order dated 5. 10.2018 but they ultimately deposited the entire amount on 4/12/2018.