NILIMA PAUL Vs. GAJADHAR SINGH

JUDGEMENT

(1.) The revisional application arises out of an order dated January 4, 2024 passed by the learned Civil Judge (Junior Division), 3rd Additional Court, Alipore, South 24 Parganas, in Ejectment Suit NO.117 of 2021.

(2.) After 16 months from receipt of summons, applications under Sec. 7(1) and 7(2) of the West Bengal Premises Tenancy Act, 1997 (hereinafter referred to as the said Act) was filed by the tenant. The tenant had received summons on August 20, 2021, but did not take any steps allegedly, due to the laches of the learned advocate. The suit was fixed ex parte. The learned trial judge vacated the order by which the suit had been fixed for ex parte hearing, on the prayer of the tenant. Thereafter, the tenant/defendant filed the above applications.

(3.) The landlord filed an application seeking dismissal of the applications under Ss. 7(1) and 7(2) of the said Act, on the ground that the said application had not been filed within one month from receipt of summons and no admitted arrears had been deposited along with 10% interest. The dismissal was sought for on the strength of the decision of the Hon'ble Apex Court in the matter of Bijay Kumar Singh & Ors. vs. Amit Kumar Chamaria & Anr. reported in 2020 (1) Indian Civil Cases 664 (SC).