Kanchan Chakraborty, J. - (1.) The challenge in this revision application is to the order no. 12 dated 18.11.2005 passed by the learned Additional Rent Controller, Sealdah (learned 3rd Civil Judge, Junior Division) at Sealdah in Ejectment no. 146 of 2004 whereby the learned Rent Controller (Civil Judge) struck out the defense against delivery of possession of the petitioner/tenant under Section 7(3) of the W.B.P.T. Act, 1997.
(2.) Debasish Saha, the opposite party no. 1 herein, instituted an Ejectment Suit in respect of the suit premises against the present petitioner Monoj Shaw and two others on 12.10.2004 in the Court of learned Additional Rent Controller at Sealdah (3rd Civil Judge Junior Division).
(3.) The present petitioner Monoj Shaw as defendant no. 2 entered appearance in the suit on 8.12.2004. He filed an application under Section 7(2) of the Act on 27.1.2005 praying for ascertaining as to whether he was a defaulter in payment of rent since June 2002 and in case Court finds him a defaulter, direction be given him to pay the arrears of rent no ascertained in installments. He filed another petition under Section 5 of the Limitation Act together with that petition praying for condonation of delay in filing the petition under Section 7 (2) of the Act. The learned Court had taken up only the petition under Section 7(2) for hearing on 18.11.2005 and passed the following order :- Both the sides file haziras defendant/O.P. filed W.O. against the petition under Order 39 Rule 7 Civil Procedure Code copies served. The petition under Section 7(2) W.B.P.T. Act is taken up for hearing. Heard both sides. Learned Advocate for the petitioner pointed out that the first Challan filed by the O.P. from June 2004 to December 2004 on 11.1.2005 and the Challan may be deemed as invalid. Considered. The first challan/deposit made by the opposite party is a invalid deposit. Hence the subsequent deposit are invalid as per law. So defence is strike out under Section 7(3) of the WBPT Act. Thus the petition under Section 7 (2) W.B.P.T. Act is disposed of.;