DEBABRATA DUTTA Vs. JOY GOPAL SAHA
HIGH COURT OF CALCUTTA
Joy Gopal Saha
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Sabyasachi Bhattacharyya -
(1.) The defendant/tenant in an eviction suit, filed by the opposite parties only on the ground of default in payment of rent, have preferred the instant revisional application.
(2.) By the impugned order, the petitioner's application under Section 5 of the Limitation Act, for condonation of delay in filing applications under Section 7(1) and 7(2) of the West Bengal Premises Tenancy Act, 1997 (hereinafter referred to as "the 1997 Act") was dismissed on contest. Accordingly the applications under Section 7(1) and under Section 7(2) were held to be not maintainable, being barred by limitation. By the same order, the trial court also struck out the defence of the defendant/petitioner against delivery of possession, as a consequence of the dismissal of the other applications.
(3.) The facts of the case in a nutshell are as follows. The opposite parties filed the eviction suit on November 16, 2016. The defendant entered appearance on February 16, 2017, but submitted his written statement on November 29, 2017. Such written statement was, however, accepted by the court.;
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