DILIP DAS Vs. JYOTSNA DAS & ANR.

JUDGEMENT

(1.) This revisional application is directed against an order dated August 23, 2017 passed by the learned Additional Civil Judge (Junior Division), Sealdah in Ejectment Suit No. 441 of 2005, by which an application under section 151 of the Code of Civil Procedure for condonation of delay in depositing the arrears of rent was rejected on contest.

(2.) Admittedly, in a suit for eviction of a monthly tenant on one or more grounds enumerated under Section 6 of the West Bengal Premises Tenancy Act, 1997, (hereinafter referred to as "the said Act") the petitioner took out an application under Section 7(2) of the said Act raising disputes on the period of default. The said application was disposed of on December 18, 2008 directing the petitioner to deposit a sum or Rs. 1,580/- within a month from date. Naturally such deposit is to be made on/or before January 17, 2009. The petitioner applied for extension of time to deposit the said amount on the last date of the deposit i.e. January 17, 2009.

(3.) It is not in dispute that the application for extension was neither taken up by the court nor any date was fixed for hearing thereof and is still pending in the record. Sensing the serious consequences, which shall follow for non-deposit of the said amount, the petitioner deposited the same on February 17, 2009. Neither the court nor any of the parties took steps for disposal of the said application. The matter was thereafter proceeded with and the evidence of the respective parties was recorded. The suit was thereafter fixed for argument.