Constitution of India, 1950, Article 227, West Bengal Premises Tenancy Act, 1997, Section 7(1), 7(2) -- Suit for ejectment - Order of deposition of arrear of rent - Defendant filed 2 subsequent sets of applications u/ss.7(1) and 7(2) of the Act for re-letting premises - Trial Court fixed dates for clarification of situation as confusion occurred due to 2 applications -..........
West Bengal Premises Tenancy act, 1956, Section 17(2), Civil Procedure Code, 1908, Order 41, Rule 23A -- Eviction petition - Remand of case - First appellate Court did not even discuss evidence on record - Even, first appellate Court did not care to turn to pages of depositions and documentary evidence on record while disposing of appeal mechanically - Moreover, evidence..........
West Bengal Premises Tenancy act, 1956, Section 13(6) -- Rent and eviction - Reasonable requirement for own use and occupation - Subsequent events - Court is duty bound to take into account subsequent events in a suit for eviction on the ground of reasonable requirement...........
West Bengal Premises Tenancy Act, 1997, Section 7(1), Limitation Act, 1963, Section 5 -- Eviction petition - Delay in depositing admitted arrear of rent - Condonation of delay - Applicability of S.5 of Limitation Act - Deposit of rent along with application for determination of dispute is a pre-condition to avoid eviction on ground of non-payment of arrears of rent..........
West Bengal Premises Tenancy act, 1956, Section 7(1), 7(2) -- Suit for eviction - Application for recalling of order by which suit was fixed for ex parte hearing - Suit fixed for ex parte hearing because written statement not filed within time - Repeated adjournments prayed by petitioner - Further, petitioner failed to suggest issues - However, as this is a suit for..........
West Bengal Premises Tenancy Act, 1997, Section 2(g) -- Eviction order - Death of tenant - Entitlement of protection to spouse of deceased tenant - Non-residential premises - Right of spouse not included so far non-residential premises is concerned in recognizing right of preference for tenancy in fresh agreement in respect of premises - Such exclusion of a spouse of a..........
West Bengal Premises Tenancy Act, 1997, Section 7(2), Limitation Act, 1963, Section 5 -- Eviction - Non-deposit of arrears of rent - Protection against eviction - Deposit of rent along with an application for determination of dispute is a pre-condition to avoid eviction on ground of no, payment of arrears of rent, as provisions of S.7(2) of the Act are mandatory and..........
Rent and eviction -- Default in payment of municipal tax - Municipal taxes were included in monthly rent payable under tenancy agreement - Even amendment of 2001 to West Bengal Premises Tenancy Act cast obligation on tenant to pay municipal taxes - Tenant nowhere denied his liability to pay his share of municipal tax - Default on the part of tenant is clear and evident -..........
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..........
