ASHOK KUMAR BHAGNANI Vs. MANSUR AHMED

JUDGEMENT

(1.) The Court : The application [GA No.1643 of 2014] has been taken out by the plaintiff on 3rd June, 2014 to strike out the defence of the defendants. This application is made under section 7(3) of the West Bengal Premises Tenancy Act, 1997. The case put forward by Mrs. Mukhopadhyay, learned advocate for the plaintiff is straight forward and simple.

(2.) THE suit was filed on 2nd November, 2013. On 10th December, 2013 the writ of summons was received by the defendants. This enjoined them with a duty to deposit within one month of the service of the summons, the arrear rent calculated at the rate which it was last paid which was Rs.2000/ - per month. Such arrear rent had to be paid up to the end of the month previous to which the payment was being made. It had to be made direct to the landlord or to the registry of the Civil Judge. In addition to rent interest @ 10% per annum had to be paid for this period. Therefore, the time for the defendants to make this payment under sub -section [1] of the Act was roughly upto 10th January, 2014.

(3.) AFTER about 245 days and after the plaintiff's above application, the defendants made two applications. One [GA No.2907 of 2014] was a section 5 application for condonation of delay to make the defendants' application under section 7(1) of the Act. The application [GA No.2908 of 2014] was the substantive application by the defendants under section 7[1] of the said Act. The defendants also filed an application under section 7(2) of the Act for resolution of an alleged dispute regarding rent [GA No.2910 of 2014] and a section 5 application connected with it for condonation of delay of 245 days [GA No.2909 of 2014].