SEVENTH DAY ADVENTIST SENIOR SECONDARY SCHOOL versus ISMAT AHMED AND OTHERS

SEVENTH DAY ADVENTIST SENIOR SECONDARY SCHOOL versus ISMAT AHMED AND OTHERS

Because the tenant neither deposited or paid the arrears nor filed the application for determination of rent within the 30‑day period prescribed by s.7(1) and the first part of s.7(2), those requirements are mandatory (the word 'shall') and the proviso to s.7(2) permitting one extension up to two months applies only to payment of the amount after judicial determination; the Limitation Act cannot be used to extend a shorter period prescribed by the WBPT Act, therefore the tenant could not avail protection against eviction and the courts below were correct to refuse condonation under s.5 Limitation Act.

Parties
Appellant (tenant): Seventh Day Adventist Senior Secondary School; Respondent (landlord): Ismat Ahmed and Others
Jurisdiction
India
Judgment Date
13 August 2025
Procedural Posture
Civil Appeal / Appeal to Supreme Court Challenging High Court Judgment Dated 20.03.2024 Confirming Order of the Court of Small Causes Dated 17.07.2023
Outcome
Appeal dismissed
Legal Topics
Section 7 West Bengal Premises Tenancy Act, 1997, Deposit of Rent, Protection Against Eviction, Proviso to S.7(2) and Extension of Time, Mandatory Versus Directory Statutory Provisions, Applicability of Limitation Act, 1963
Tenancy Law Limitation Law Statutory Interpretation Civil Procedure Section 7 West Bengal Premises Tenancy Act, 1997 Deposit of Rent Protection Against Eviction Proviso to S.7(2) and Extension of Time +2 more

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Parties

Seventh Day Adventist Senior Secondary School

Appellant (tenant)

Ismat Ahmed and Others

Respondent (landlord)

Procedural Posture

Civil Appeal / Appeal to Supreme Court Challenging High Court Judgment Dated 20.03.2024 Confirming Order of the Court of Small Causes Dated 17.07.2023

Legal Issues

  1. 1 Whether applications under ss.7(1) and (2) of the West Bengal Premises Tenancy Act, 1997 filed after the 30‑day period without deposit of rent and accompanied by an application under s.5 of the Limitation Act, 1963 can be entertained
  2. 2 Whether the proviso to s.7(2) applies to s.7(1)
  3. 3 Whether compliance with ss.7(1) and first part of s.7(2) regarding payment/deposit of rent and filing of application within the specified time is mandatory or directory

Ratio Decidendi

Because the tenant neither deposited or paid the arrears nor filed the application for determination of rent within the 30‑day period prescribed by s.7(1) and the first part of s.7(2), those requirements are mandatory (the word 'shall') and the proviso to s.7(2) permitting one extension up to two months applies only to payment of the amount after judicial determination; the Limitation Act cannot be used to extend a shorter period prescribed by the WBPT Act, therefore the tenant could not avail protection against eviction and the courts below were correct to refuse condonation under s.5 Limitation Act.

Court Disposition

Appeal dismissed

Orders

  • Appeal of the tenant dismissed
  • Order of the Small Causes Court dated 17.07.2023 and the High Court dated 20.03.2024 affirmed