Indrajit Chatterjee, J. - (1.) This is an application under Article 227 of the Constitution of India wherein the order No. 54 dated 4th April, 2013 as passed by the learned Civil Judge (Junior Division) 1st Court, Howrah in Title Suit No. 145 of 2010 has been assailed before this court. As per the said order learned trial court was pleased to allow the application under Sec. 7(2) of the West Bengal Premises Tenancy Act, 1997 (hereinafter called as the said Act) and directed the tenant to pay Rs. 61,875/ - on 30 -05 -2013.
(2.) Appearing on behalf of the petitioners, Mr. Mukherjee, learned Senior Counsel, submitted before this court that the order under Sec. 7(2) of the said Act must be set aside as it is totally illegal. The main argument of Mr. Mukherjee was that unless the defendant/tenant has complied with the provisions of Sec. 7(1) and the first part of the provisions of Sec. 7(2) of the said Act, the tenant cannot approach the court under Sec. 7(2) of the said Act to determine the rent.
(3.) Learned Counsel took me to the impugned order to convince this court that the learned trial court branded the defendant as defaulter in respect of the payment of rent since April, 1984 till October, 2011 and accepted that Rs. 50/ - was the rent fixed and the court did not accept the prayer for enhancement of rent as made out before the court. He also took me to Sec. 7(1) and Sec. 7(1)(b) of the said Act which runs thus: - When a tenant can get the benefit of protection against eviction. - "(1)(a) On a (suit) being instituted by the landlord for eviction on any of the grounds referred to in Sec. 6, the tenant shall, subject to the provisions of sub -section (2) of this section, pay to the landlord or deposit with (the Civil Judge) all arrears of rent, calculated at the rate at which it was last paid and up to the end of the month previous to that in which the payment is made together with interest at the rate of ten per cent per annum. (b) Such payment or deposit shall be made within one month of the service of summons on the tenant or, where he appears in the (suit) without the summons being served upon him, within one month of his appearance".;