M/S Raha Hospitality Pvt Ltd And ANR v. Debjit Saha

March 19, 2024 Sl. No.42 Court No.19 s.biswas CO 2970 of 2023 M/s. Raha Hospitality Private Limited and another vs.

Sri Debjit Saha Mr. Jahar Chakraborty Mr. Titu Singh ... for the petitioners The revisional application has been filed challenging an order dated July 7, 2024 passed by the learned Civil Judge (Senior Division), 1st Court at Barasat in Title Suit No.769 of 2021.

By the order impugned, the learned court rejected the application under Sections 7(1) and 7(4) of the West Bengal Premises Tenancy Act, 1997, inter alia, holding that the premises in question was not governed by the West Bengal Premises Tenancy Act, 1997, as the monthly rent was Rs.24,000/-. The said rental amount was beyond the limit as prescribed under Section 3(e) of the said Act. I do not find any illegality in the order impugned. If the petitioner has deposited any money, he has done so at his own risk, and he shall be entitled to pray before the learned court for withdrawal of the same.

The prayer of Mr.

Chakraborty, learned advocate for the petitioners, with regard to the adjustment of the said amount against the arrear rent cannot be allowed. Such protection cannot be granted to a tenant who is not

governed by the West Bengal Premises Tenancy Act, 1997.

The revisional application stands dismissed accordingly.

(Shampa Sarkar, J.)