SMT. SHANTI SEN Vs. KALYANI BASU

JUDGEMENT

(1.) The defendant no.1 in a suit for ejectment of a trespasser and permanent injunction is the petitioner (hereafter referred to as the defendant no.1) in this revisional application. She calls in question the order no.24 dated June 24, 2018 passed by the Civil Judge (Jr. Divn.), 1st Court, Serampore, Hooghly, whereby her petition under section 7(1) and 7(2) of the West Bengal Premises Tenancy Act, 1997 (hereafter the Act) was rejected as not maintainable.

(2.) The plaint case reveals that the father of the defendant no.1 was the tenant under the plaintiff/opposite party (hereafter referred to as the plaintiff). He died in the year 1994. After such death, the widow of the original tenant continued as tenant with the defendant no.1 and her sister residing with their mother. Rent tendered by the widow of the original tenant from 1994 to 2009 was deposited in the office of the rent controller. The widow of the original tenant having passed away in 2012, the plaintiff served notice on the daughters of the original tenant (including the defendant no.1) asking them to deliver vacant and peaceful possession of the portion under tenancy in favour of the plaintiff. However, such notice not having yielded any fruitful result, the plaintiff instituted Title Suit No.571 of 2016 in the Court of the learned Civil Judge (Jr. Divn.), 1st Court at Serampore.

(3.) After service of summons, the defendant no.1 filed an application under section 7(1) of the Act some time in February, 2017 praying for an order that she be granted permission to deposit monthly rent @ Rs. 100/- per month for the month of February, 2017 and onwards regularly in the Court by way of challan. Such application was considered by the learned Judge on February 21, 2017. The learned Judge allowed the application under section 7(1) of the Act, ex parte, and granted leave to the defendant no.1 to tender monthly rent @ Rs. 100/- before the Court by way of challan in compliance with the provision contained in Section 7(1)(c) of the Act at her own risk and cost.