- (1.) This application is at the instance of the defendant and is directed against the Order No.20 dated February 1, 2013 passed by the learned Civil Judge (Junior Division), 1st Court, Alipore in Ejectment Suit No.523 of 2009 thereby rejecting the application dated September 27, 2012 filed by the defendant / petitioner herein praying for extension of time for depositing the arrears of rent calculated under Section 7(2) of the West Bengal Premises Tenancy Act, 1997. By the same order, the learned Trial Judge has also allowed the application under Section 7(3) of the 1997 Act. Being aggrieved, this application has been preferred by the tenant.
(2.) The plaintiff / opposite party herein instituted the aforesaid suit for eviction, recovery of possession, mesne profit and other consequential reliefs against the petitioner. Then the petitioner entered an appearance in the said suit and filed a written statement controverting the allegations made in the plaint. He filed an application under Section 7(1) of the West Bengal Premises Tenancy Act, 1997 and that petition was allowed. The application under Section 7(2) of the said 1997 Act, filed by the defendant was disposed of directing the defendant / petitioner herein to deposit arrears of rent to the tune of Rs.44,677/- in court by two installments but the petitioner failed to pay or deposit the said amount within the period as directed and thereafter he filed an application on September 27, 2012 praying for extension of time to make the deposit. That application was rejected by the impugned order.
(3.) At the same time, the application under Section 7(3) of the 1997 Act was allowed on contests without costs. Being aggrieved, this application has been preferred.;