West Bengal Premises Tenancy Act, 1997, Section 7(2), Limitation Act, 1963, Section 5 -- Rent and eviction - Arrears of rent - Application for condonation of delay u/s 5 of Limitation Act for delay in depositing rent - When there is default during pendency of suit for making deposit or payment in respect of current rent, it may be protected u/s 7 of the Act - Therefore,..........
West Bengal Premises Tenancy Act, 1997, Section 7(2), 17(2) -- Rent and eviction - Arrears of rent - Default in payment of rent - As per S.17(2) of the Act, when tenant raises any dispute with regard to amount of arrears of rent claimed by landlord, he has to file application for adjudication of arrears of rent payable by him to landlord and in case tenant admits any..........
Civil Procedure Code, 1908, Order 15, Rule 5, West Bengal Premises Tenancy act, 1956, Section 14(4) -- Rent and eviction - Striking out of defence - On the ground of arrears of rent - Defendant failed to offer any explanation for non-payment of rent subsequent to August, 2014 or within one month after writ of summons served on defendant - Even, defendant failed to produce..........
Limitation Act, 1963, Section 5, West Bengal Premises Tenancy Act, 1997, Section 43 -- Delay of 952 days in filing of second appeal - Eviction suit - Petitioners substantiated their lack of knowledge about restoration of appeal - Even, petitioners substantiated that they had no scope to contest appeal before first appellate Court and no vakalatnama was filed on their..........
West Bengal Premises Tenancy act, 1956, Section 13(1)(ff), 13(6) -- Eviction petition - Notice u/s 13(6) of the Act - Is only a notice of suit and same does not determine tenancy...........
West Bengal Premises Tenancy act, 1956, Section 13 -- Eviction petition - Dismissal of - Bonafide need - Death of original plaintiff - Therefore, requirement urged by original plaintiff of one room for herself has ceased to exit - Further, when original plaintiff could not establish that she was not in occupation of four rooms on second floor of said building and in..........
Civil Procedure Code, 1908, Section 11, Order 39, Rule 7, West Bengal Premises Tenancy Act, 1997, Section 7(3) -- Dismissal of application for local inspection - Second application - Res-judicata - Virtually on identical points first prayer of local inspection is rejected, hence, principle of res judicata will apply on second application - Moreover, Court has no hesitation..........
West Bengal Premises Tenancy act, 1956, Section 13(1)(a) -- Eviction suit - Sub-letting - Admittedly, it is proved that defendant being sole tenant in suit premises transferred/assigned his possession in favour of his brothers who are now in exclusive possession of suit premises - Hence, plaintiff established case u/s 13(1)(a) of the Act - Suit rightly decreed by Trail..........
Rent and eviction -- Arrears of rent - Whenever arrears of rent is allowed to be paid in instalments, beneficiary shall be granted interest - This is irrespective of the justification or explanation, if any, available for the non payment. (West Bengal Premises Tenancy Act, 1956, S.17(2-A)..........
West Bengal Premises Tenancy Act, 1997, Section 7(1) -- When tenant does not dispute either relationship of landlord and tenant between parties or arrears amount of rent, then tenant has to deposit arrears rent in Court or pay the said amount to landlord within stipulated time and he does not need to file any application before the Court...........
