Judgment · High Court
Case at a glance
Provisions considered
Key paragraphs
- Para 66. CO 3074 of 2024 stands disposed of.
Judgment
“ Today is fixed for order in respect of petition dated 4.2.2023 U/S 7 (3) of WBPT Act, 1997, hearing of petition 1 2
12.01.2022 U/s 7 (2) of WBPT Act
and cost of Rs. 300/- by defendant and filing copy of challan. Ld. Advocate for defendant has filed hazira. Ld. Advocate for plaintiff files one adjournment petition respect of hearing of petition on the grounds stated therein. Copy served. The prayer for adjournment is considered and allowed. Cost of Rs.300/- not yet paid by defendant. Now the petition dated
4.2.2023 under Section 7(3) of West Bengal Premises Tenancy Act, 1997 is taken up for hearing. Ld. Advocate for plaintiff has submitted that the defendant is contesting this suit by filing his written statement but he has not deposited admitted arrear of rent and current rent in compliance of provision under Section 7(1) (a) & (b) of WBPT Act, within statutory period the defence defendant is liable to be struck out in this suit . Hence, this application”.
It appears that on hearing the parties , the learned trial Court 2 3 without disposing of the application under Section 7 (2) of the West Bengal Premises Tenancy Act has disposed of the application under Section 7 (3) of the WBPT Act and without hearing the application under Section 7 (2) of the WBPT Act on merit held the same to be infructuous.
3. The said order dated of the trial Court is thus erroneous and is accordingly set aside. Application under Section 7 (2) and 7(3) of the WBPT Act are restored.
The trial Court is directed to first hear the application under Section 7(2) of the WBPT Act and dispose of the same on merit by passing a reasoned order and only on disposal of the said application shall take up the application under Section 7(3) of the WBPT Act in due course.
The trial Court is directed to dispose of the application under Section 7 (2) of the WBPT Act within 30 days from the from the date of communication of this order on hearing the parties and passing a reasoned order in accordance with law and decide the same on merit 3 4 and thereafter proceed with the suit in accordance with law.
CO 3074 of 2024 stands disposed of.
Urgent Photostat certified copy of this order, if applied for, be given to the learned counsel for the parties on usual undertakings. ( Shampa Dutt (Paul), J. ) 4
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.