HIRA DEVI JAIN Vs. PRITEPAL SINGH

JUDGEMENT

(1.) The defendant in a suit for ejectment is the petitioner of the instant application under Article 227 of the Constitution of India which is directed against the order no. 33 dated December 12, 2023 passed by the learned Judge, 3rd Bench, Presidency Small Causes Court at Calcutta in the said suit being Ejectment Suit No. 146 of 2018.

(2.) The learned Trial Judge by the order impugned has rejected the application of the petitioner under Sec. 7(1) of the West Bengal Premises Tenancy Act, 1997 (hereinafter referred to as 'the said Act of 1997' in short) ex parte on the ground that the said application was filed four days beyond the period of limitation prescribed under the aforesaid provision of the said Act of 1997 and in consequence thereof, has rejected the petitioner's other application under Sec. 7(2) of the said Act of 1997 and upon such rejection, the learned Trial Judge has exercised the power under Sec. 7(3) of the said Act of 1997 to strike off the defence of the petitioner against the delivery of possession.

(3.) Mr. Dhananjay Banerjee, learned advocate for the petitioner submits that the summons was served upon the petitioner on April 24, 2018; therefore, in terms of Sec. 7(1) of the said Act of 1997, he is required to deposit the admitted arrear rent and current rent by May 24, 2018 but the said date fell within the summer vacation of the Court, as such by virtue of Sec. 4 of the Limitation Act, 1963(hereinafter referred to as 'the said Act of 1963') the date of the re-opening of the Court was the last date for filing of the said applications which the petitioner did, therefore, the learned Trial Judge has acted with material irregularity in dismissing the said applications on the ground of limitation.