Bhola Prasad Sonkar v. Amal Kumar Sil

sandip Ct. 19 24.07.2024 In The High Court At Calcutta Civil Revisional Jurisdiction (Appellate Side) C.O. No. 2551 of 2024 Bhola Prasad Sonkar Vs.

Amal Kumar Sil Mr. Altamash Aum, Ms. Puja Sonkar ... For the petitioner. The tenant in a suit for ejectment is the petitioner of the instant application under Article 227 of the Constitution of India, which is directed against the Order No. 05, dated May 14, 2024 passed by the learned Chief Judge, Presidency Small Causes Court at Calcutta, in the said suit being Ejectment Suit No. 379 of 2023.

The learned Trial Judge by the order impugned has dismissed the application filed by the petitioner under Section 7(1) and under Section 7(2) of the West Bengal Premises Tenancy Act, 1997 being barred by limitation.

It appears from the record that the petitioner, by the application under Section 7(1) of the said Act of 1997 had prayed for determination of the arrear rent and by the application under Section 7(2) thereof had prayed for determination of the rate of rent.

The learned Trial Judge has rightly held that the prayer for determination of arrear rent under Section 7(1) of the said Act of 1997 is a misconceived action. The petitioner did not deposit the admitted arrear rent which is sine qua non to maintain an application under Section 7 (2) of the said act of 1997.

The learned Trial Judge is therefore fully justified in dismissing the said applications.

This Court does not find any reason to interfere with the order impugned; C.O. 2551 of 2024 is therefore dismissed without any order as to costs. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)