(1.) The grievance of the petitioning defendant in an eviction suit is that his defence has been struck out merely on the ground that he did not apply under Section 7(2) of the West Bengal Premises Tenancy Act, 1997 prior to the plaintiff invoking Section 7(3) thereof.
(2.) The key to the issue is in the choice of the relevant expressions by the legislature. Sections 7(1) and 7(2) do not refer to a plaintiff or a defendant but refer to a landlord and a tenant. The obligation to do whatever is required to be done under such provision is of a tenant. If a defendant in an eviction suit is not a tenant, the obligation may not fasten to such defendant. Likewise, if the plaintiff is not the landlord, the provisions may not be applicable in the strictest sense.
(3.) Section 7(1)(a) of the Act obliges a tenant, subject to the provision of sub-section (2), to pay to the landlord or deposit with the court (Civil Judge) "all arrears of rent, calculated at the rate at which it was last paid and up to the end of the month previous to that in which the payment is made together with interest at the rate of ten per cent per annum." Clause (b) of Section 7(1) of the Act requires such payment or deposit to be made within one month of the service of the summons "on the tenant" or within one month of his appearance. Clause (c) obliges the "tenant" to thereafter continue to pay to the "landlord" or deposit with the court month by month by the 15th of each succeeding month, a sum equivalent to the rent at that rate. The rate, as is obvious, is relatable to clause (a).