SHANU Vs. MD. ASLAM KHAN LODHI
HIGH COURT OF CALCUTTA
Md. Aslam Khan Lodhi
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Sabyasachi Bhattacharyya, J. -
(1.) The present revisional application is at the instance of a defendant in a suit for eviction under the West Bengal Premises Tenancy Act, 1997 (hereinafter referred to as "the 1997 Act").
(2.) The predecessor-in-interest of the present plaintiffs had filed the suit and subsequently, on his death, the present plaintiffs/opposite party nos. 1 to 5 were substituted in his place as plaintiffs. Initially the predecessor-in-interest of the plaintiffs had filed an application under Section 7(3) of the 1997 Act for striking out the defence of the defendants against delivery of possession. The said application, however, was dismissed by the court below.
(3.) It is undisputed that, vide Order no. 15 dated October 1, 2007, the trial court had disposed of an application filed by the defendants under Section 7(2) of the 1997 Act, thereby holding the defendants to be defaulters since April 19, 1998 till that date, for a total period of 114 months at the rate of Rs.60/- per month, amounting to Rs.6,840/-, together with interest of Rs. 684/-, totalling Rs.7,524/-, which the defendants were directed to deposit. The defendants were further directed to deposit current monthly rent within the 15th day of every month.;
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