SRI DEBASISH ROY Vs. SRI BIPUL KUMAR ROY

JUDGEMENT

(1.) The revisional application arises out of an order dated September 5, 2022 passed by the learned Civil Judge (Junior Division), 2nd Court at Barrackpore in Ejectment Suit No.42 of 2010.

(2.) By the order impugned, the learned court allowed the defendant/tenant and the opposite party before this court, to deposit arrear rent of Rs.14,496.00 by allowing the application under Sec. 7(2) of the West Bengal Premises Tenancy Act, 1997 (hereinafter referred to as 'the Act').

(3.) The petitioner contends that the opposite party entered appearance in the suit and filed two applications, one under Ss. 7(1) and the other under Sec. 7(2) of the saidAct on August 11, 2010. The written statement was filed on November 30, 2010. Although the tenant contended before the learned court in both the applications as also in the written statement that there were arrears from April 2004 to July 2010 and he was willing to deposit the entire arrears upon determination of the same, no deposit of the admitted arrear had been made along with the applications under Sec. 7(1) and 7(2) of the said Act.