ANJU JAIN Vs. RAM DEV SAH

JUDGEMENT

(1.) The present challenge is at the behest of the plaintiff in a suit for eviction under the West Bengal Premises Tenancy Act, 1997 (hereinafter referred to as "the 1997 Act"). By virtue of the impugned order, the trial court allowed an application filed by the opposite party-tenant, after more than five months from the passing of an order under Sec. 7(2) of the 1997 Act, praying for being allowed to deposit the entire amount as directed by the trial court under Sec. 7(2) of the 1997 Act and for depositing current amount equivalent to rent.

(2.) The order under Sec. 7(2) of the 1997 Act was passed on April 12, 2018, holding that the defendant/opposite party was a defaulter in payment of rent for 87 months at the rate of Rs.2,000.00 per month and total arrears were calculated to be Rs.1,74,000.00 along with statutory interest, which was directed to be deposited within one month from April 12, 2018.

(3.) On May 8, 2018, the opposite party filed an application under Sec. 151 of the Code of Civil Procedure for modification of the order dated April 12, 2018, seeking to adjust short deposits of rent made in court and for liberty to withdraw certain rent control deposits made by the opposite party.