AMAL BORAL Vs. DEBASISH PAUL

JUDGEMENT

(1.) The impugned order dated 11th September, 2018 passed by learned Civil Judge (Junior Division), 1st Court, Barasat, rejecting the application under Section 7(1) and 7(2) of West Bengal Premises Tenancy Act, 1997, is the subject of challenge in this revisional application.

(2.) Learned court below rejected the application under Section 7(1) and 7(2) of West Bengal Premises Tenancy Act, 1997 on the ground that petitioner/defendant admittedly caused delay of ten months in filing such applications, which were not even supported by any application under Section 5 of the Limitation Act with a prayer for condonation of delay, and as such there was infraction of law so far as compliance of statutory procedure is concerned.

(3.) Admittedly, in a suit instituted in the year 2014, the tenant/defendant/petitioner entered his appearance in the suit by furnishing vakalatnama on 09.02.2016. Subsequently, on 14.12.2016, the petitioner/defendant/petitioner furnished his written statement along with application under Section 7(1) and 7(2) of West Bengal Premises Tenancy Act, 1997.