BIJAY KUMAR SINGH & OTHERS versus AMIT KUMAR CHAMARIYA & ANR.

BIJAY KUMAR SINGH & OTHERS versus AMIT KUMAR CHAMARIYA & ANR.

The provisions of Section 7(2) of the West Bengal Premises Tenancy Act, 1997 regarding deposit of arrears of rent and filing of accompanying application are mandatory and must be followed strictly; failure to do so, within statutory period or the single permitted extension, leads to eviction and striking off of defence. The Limitation Act, 1963, specifically Section 5, does not apply to condone delay for actions required under Section 7(2).

Parties
Appellant: Bijay Kumar Singh & Others; Respondent: Amit Kumar Chamariya & Anr.
Jurisdiction
India
Judgment Date
22 October 2019
Procedural Posture
Civil Appeal / Appeal From Order of High Court of Calcutta in C.o. No. 1942 of 2013
Outcome
Appeals dismissed
Legal Topics
Eviction of Tenant, Non Payment of Arrears of Rent, Interpretation of Statutes, Application of Limitation Act
Tenancy Law Civil Procedure Eviction of Tenant Non Payment of Arrears of Rent Interpretation of Statutes Application of Limitation Act

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Parties

Bijay Kumar Singh & Others

Appellant

Amit Kumar Chamariya & Anr.

Respondent

Procedural Posture

Civil Appeal / Appeal From Order of High Court of Calcutta in C.o. No. 1942 of 2013

Legal Issues

  1. 1 Whether Section 7(2) of the West Bengal Premises Tenancy Act, 1997 is mandatory regarding deposit of arrears of rent to avoid eviction on ground of non-payment.
  2. 2 Whether Section 5 of the Limitation Act, 1963 applies for condonation of delay in making deposit/application under Section 7(2).

Ratio Decidendi

The provisions of Section 7(2) of the West Bengal Premises Tenancy Act, 1997 regarding deposit of arrears of rent and filing of accompanying application are mandatory and must be followed strictly; failure to do so, within statutory period or the single permitted extension, leads to eviction and striking off of defence. The Limitation Act, 1963, specifically Section 5, does not apply to condone delay for actions required under Section 7(2).

Court Disposition

Appeals dismissed

Orders

  • Learned Trial Court shall proceed with the suit in accordance with law.
  • No extension or condonation of delay under Section 7(2) of the West Bengal Premises Tenancy Act, 1997 is permissible.