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Documents citing Arun Prakash Saha vs Asit Baran De & Anr on 23 December, 2016

Aatish Das & Anr vs Mst. Fatema Begam Mollah & Ors on 1 August, 2023

9. Mr. Bhattacharya, learned advocate for the opposite parties/plaintiffs denied such contentions and submitted that in the decision of Arun Prakash Saha vs Asit Baran De and Ors. reported in 2017(2) CHN (Cal) 123, a Co-ordinate Bench of this court held that when the defendant did not deposit the admitted arrear rent together with the statutory rate of interest, the question of determination of arrear rent by the Court, would not arise. That the court did not have any power to extend the time for payment of arrear rent under Section 7(1) of the said Act and it was only by 4 virtue of the proviso to Section 7(2) of the Act, the court had the power to extend the time for payment of the amount of rent directed by the Court, that too, not beyond a period exceeding two months for the first and only default.
Calcutta High Court (Appellete Side) Cites 23 - Cited by 0 - S Sarkar - Full Document

Mr. Anwar Hussain vs Raja Mohammed Amin & Ors on 23 November, 2017

Referring two unreported decisions of this Court in the case of Arun Prakash Saha vs. Asit Baran De and Anr. reported in (2017) 1 CLJ (Cal) 615 and in the case of Kalithody Sahaderan Thirumulpad vs. Rahul Moitra reported in (2017) 2 CHN 331, Mr. Chatterjee submitted that although in the said decisions, this Court held that when the defendant tenant in a suit for eviction under the Act of 1997 does not dispute, either the relationship of landlord and tenant between the plaintiff and himself or the rate of rent payable by him, but only disputes his liability to pay the entire amount claimed by the plaintiff landlord as the arrear rent, his application under Section 7(2) of the Act of 1997 must be accompanied by deposit of the admitted arrear rent, but the facts of those cases were different and the said decisions have no application in this case.
Calcutta High Court (Appellete Side) Cites 23 - Cited by 4 - A K Chakraborty - Full Document
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