AMITAVA SEN Vs. ANUP KUMAR DEY AND OTHERS

JUDGEMENT

(1.) The defendant in an eviction suit, filed by the opposite parties under the West Bengal Premises Tenancy Act, 1997 (hereinafter referred to as "the 1997 Act"), has preferred the instant revisional application. In such suit, the petitioner filed an application under Section 7(2) of the 1997 Act, which was disposed of on May 3, 2017 by directing the petitioner to pay Rs.1089/- within one month from the date of such order. Such stipulated time expired on or around June 2, 2017. The maximum period of extension of 2 months thereafter, as stipulated in the proviso to Sub-Section (2) of Section 7 of the 1997 Act, also expired on or around August 1, 2017. Since the petitioner had not paid the amount as directed under Section 7(2) of the 1997 Act, the plaintiffs/opposite parties filed an application under Section 7(3) of the 1997 Act for striking out the petitioner's defence against delivery of possession. Only upon being served with a copy of the said application, the petitioner deposited on August 5, 2017 the sum directed to be paid vide the order dated May 3, 2017.

(2.) The petitioner also filed an application under Section 151 of the Code of Civil Procedure for condonation of delay in depositing the said amount. The plaintiffs/opposite parties controverted such application by filing a written objection thereto.

(3.) By the impugned order dated December 6, 2017, the Trial Judge rejected the petitioner's application under Section 151 of the Code of Civil Procedure on contest and consequentially allowed the application under Section 7(3) of the 1997 Act, filed by the opposite parties, thereby striking out the defence of the petitioner against delivery of possession.