Calcutta High Court (Appellete Side)
Dr. Binod Kumar Singh vs Maya Banerjee & Anr on 27 February, 2019
1 Sl. February
72. 27, 2019 High Court at Calcutta Civil Revisional Jurisdiction C.O. 689 of 2019 Dr. Binod Kumar Singh Versus Maya Banerjee & anr.
Mr. Rajdeep Bhattacharya, ...for the petitioner.
Mr. Shuvasish Sengupta, Mr. Balarko Sen, Ms. Subhra Das ...for the opposite parties.
A question has been raised in the present revisional application as to whether the trial court was justified in allowing an application filed by the defendants/tenants/opposite parties for acceptance of delayed deposit of arrear rents, pursuant to an order passed under Section 7(2) of the West Bengal Premises Tenancy Act, 1997, despite the application for acceptance having been filed after the outer limit of three months as stipulated in proviso to Section 7(2) of the 1997 Act.
Although it appeared from the established view that such an application was not maintainable after the period of three months from the date of passing of an order under Section 7(2) of the 1997 2 Act, the learned advocate appearing for the opposite parties has cited a judgment of a co-ordinate bench of this court referring the question as to whether the provisions of Section 5 of the Limitation Act can be appliled to sub-section (1) and (2) of Section 7 of the Act of 1997.
In view of such reference, judicial decorum would persuaded this court to defer the matter for final hearing.
Accordingly, the revisional application bearing C.O. 689 of 2019 appear for hearing under the heading "contested application"
in the monthly combined list of cases for the month of May, 2019.
There will be an order of stay of all further proceedings in Ejectment Suit No. 44 of 2014 pending before the Civil Judge (Junior Division), Third Additional Court at Alipore, South 24- Paraganas, till disposal of this revisional application.
Liberty is granted to both sides to mention the matter for early hearing in the event a special bench is constituted and resolves the reference in the meantime.
dns ( Sabyasachi Bhattacharyya, J. )