SUBHRA SAHA Vs. RANJIT DEB
LAWS(CAL)-2015-6-27
HIGH COURT OF CALCUTTA
Decided on June 03,2015

Subhra Saha Appellant
VERSUS
Ranjit Deb Respondents

JUDGEMENT

Harish Tandon, J. - (1.) THIS revisional application is directed against the order dated 2nd April, 2015 passed by the learned Civil Judge (Junior Division), 5th Court, Alipore in Ejectment Suit No. 515 of 2008, by which an application under Section 13 of the West Bengal Premises Tenancy Act, 1997 is rejected.
(2.) THE plaintiff/petitioner filed a suit for eviction of a monthly tenant, inter alia, on the ground of default and reasonable requirement. The tenant, after receipt of the summons, entered appearance and deposited the admitted arrears rent along with statutory interest at the rate it was last paid to the landlord. A dispute was raised under Sub -section 2 of Section 7 of the said Act relating to the rate of rent as well as the period of defaults. It is undisputed that the Court determined the dispute and the tenant is depositing the rent in terms of the said order. Subsequently the plaintiff/petitioner took out an application under Section 13 of the said Act praying for an order directing the defendant/opposite party to pay monthly rent at the rate of Rs. 1815/ - in terms of the written agreement dated 3rd March, 2004.
(3.) THE Trial Court dismissed the said application, which is impugned in this revisional application.;


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