Soumen Sen, J. - (1.) The Court: This is an application by the land lord owner for striking out the defence of the defendant tenant against delivery of possession.
(2.) The plaintiff is the owner of premises No. 1, Wood Street, Kolkata 700016. The defendant was a tenant of Unit G-II measuring about 391.67sq. ft (more or less) on the Ground Floor along with undivided 192 sq. ft. of the Floor Space adjacent thereto being ? ..?th undivided share of 960 sq. ft. on the ground floor of the premises No. 1, Wood Street, Kolkata-700016, P.S. Shakespeare Sarani. The tenancy of the defendant was terminated by a notice to quit dated 21st March, 2016, thereafter, the suit has been filed for eviction. The writ of summons in the suit was duly served upon the respondent defendant on 31st August, 2016. The respondent filed a written statement on 20th December, 2016. The respondent did not pay any rent since August 2014 and also have failed and neglected to pay municipal rates and taxes and maintenance. The plaintiff alleged that in view of failure to pay such payment the defendant became a defaulter under Section 6(1)(b) of the West Bengal Premises Tenancy Act. The defendant neither has deposited the arrears rent nor has filed any application under Section 7(2) of the West Bengal Premises Tenancy Act, 1997. The defendant is enjoying the said property for all these period without making payment of any rent and/or occupation charges. The petitioners contend that although the writ of summons along with the copy of the plaint were received by the respondent on 31st August, 2016 but the defendant had failed and neglected to pay to the plaintiff or deposit with the Court all arrears of rent, calculated at the rate at which it was last paid and upto the end of the month previous to that in which the payment is made together with interest at the rate of 10% per annum. It is submitted that the last payment or deposit is required to be made within one month of the service of summons on the tenant. The tenant thereafter is required under the statute to pay to the landlord or deposit with the Court month by month by 15th of each succeeding month a sum equivalent to the rent at that rate. The plaintiff says that the defendant did not deposit the said amount within the aforesaid period of one month nor the defendant had made any application under Section 7(2) of the West Bengal Premises Tenancy Act for extension of time to deposit the arrears rent along with interest. On such fact this application is filed for striking out the defence.
(3.) In the course of hearing the defendant was asked to produce document to show that the rent either was tendered subsequent to August, 2014 or any application under Section 7(2) of the West Bengal Premises Tenancy Act, 1997 has been filed. The defendant, however, has failed to offer any explanation for non-payment of the rent subsequent to August, 2014 or within one month after the writ of summons was served on the defendant. The defendant has failed to produce any document to show that the rent was tendered and refused by the plaintiff. The statute clearly requires the tenant to pay to the landlord or deposit with the Court all arrears of rent along with interest as mentioned in Section 7(1) of the West Bengal Premises Tenancy Act, failing which the plaintiff is entitled to an order of striking out the defence against delivery of possession and proceed with the hearing of the suit. The defendant has also failed to show that the landlord did not accept any rent tendered by the tenant within the prescribed period. Moreover, in case of refusal to accept rent the modalities mentioned in Section 21 of the West Bengal Premises Tenancy Act, 1997 is required to be followed. The defendant is unable to produce any document to show that there has been statutory compliance of either of the two provisions. As on date the default of the defendant is established and inexcusable. The provisions under Section 7 of the West Bengal Premises Tenancy Act, 1997 are stringent and in my view the Court is required to take into consideration the purpose and object of the amendment made to the 1956 Act. The very object and purpose of the amendment of the old act would be defeated in the event a tenant is allowed to continue in occupation of the property in question without compliance of Section 7 of the West Bengal Premises Tenancy Act, 1997.;