OMPRAKASH THAKUR Vs. BHOLA SHAW

JUDGEMENT

(1.) This revisional application is directed against the order dated June 08, 2016 passed by the learned Civil Judge (Junior Division) 4th Court at Sealdah in Ejectment Case No. 72 of 2007. By the impugned order, the learned Court below allowed the application filed by the opposite party-defendant-tenant for condoning the delay in depositing the rent for certain months.

(2.) The facts giving rise upto the present revisional application are that the petitioner filed the suit, before the learned Court below claiming a decree for recovery of possession of the suit property by evicting the opposite party. The suit is filed under the West Bengal Premises Tenancy Act, 1997 (in short "the Act of 1997"). The opposite party claimed that after receipt of the writ of summons of the suit, he started to deposit the arrear-admitted rent under Section 7(1) of the Act of 1997.

(3.) As per Section 7(1)(c) of the Act of 1997, the defendant tenant shall continue to pay the landlord or deposit with the Court the monthly rent within 15th day of each succeeding month, failing which his defence against delivery of possession is liable to be struck out under Section 7(3). Undisputedly, for the month of April, 2009 and the month of May, 2015 the opposite party failed to comply with the obligation, under Section 7(1)(c) of the Act of 1997, to deposit the rent with the learned Court below within the 15th day of the respective succeeding month.