PARBATI CHORONE ROQUITTE Vs. PAWAN AGARWAL

JUDGEMENT

(1.) This application under Article 227 of the Constitution of India is at the instance of the plaintiff and is directed against an order being No. 141 dtd. 11/4/2023 passed by the learned Judge 6th Bench, Presidency Small Causes Court at Calcutta in Ejectment Suit no.494 of 2010.

(2.) By the order impugned, the application of the defendant/opposite party herein under Sec. 151 of the Code of Civil Procedure was allowed thereby permitting the defendant to deposit the balance amount of rent for the disputed period. Consequently the application under Sec. 7(3) of the West Bengal Premises Tenancy Act 1997 (for short "the WBPT, ACT 1997") stood rejected.

(3.) Landlord/petitioner herein filed a suit for eviction inter alia on the ground of default in payment of rent since June 2000. After appearance, the tenant/opposite party filed an application under Sec. 7(1) of the WBPT Act 1997 which was disposed of by directing the tenant/opposite party to deposit current rent month by month. On an application filed under Sec. 7(2) of WBPT Act, 1997, the learned trial Judge, by an order being no. 67 dtd. 20/1/2016, directed the defendant to deposit in Court the arrears of rent together with interest in favour of the plaintiff within one month. The defendant was further directed to deposit an amount equivalent to monthly rent in favour of the plaintiff month by month as per the provision of Sec. 7(1) of the said Act.