This revisional application challenged a trial court order directing rent deposit. The High Court found no jurisdictional error or perversity in the lower court's order, dismissing the petition while preserving flexibility if the opposite party deposits rent in court.
No relief granted. The revisional application is dismissed.
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19.7.2023 ct. 236
sk,sl. 44
C.O. 1642 of 2014
CAN 1 of 2017
In the matter of : Debasish Chakraborty
Mr. Anirban Majumder…for the petitioner.
Mr. Anirban Majumder, learned counsel representing the petitioner submits that the learned trial court committed jurisdictional error by directing the defendant/opposite party to deposit the rent in the name of the court while disposing of the application under Section 7(2) of the West Bengal Premises Tenancy Act along with arrears of rent coupled with statutory interest @ 10%.
I have perused the order impugned, there is no indication that learned trial court directed the defendant/opposite party to deposit the rent including arrears of rent in the name of the court. The order impugned does not suffer from perversity or jurisdictional error.
This revisional application is bereft of merit and is dismissed. However, this order will not stand in the way if it appears that defendant/opposite party is depositing the rent through challan in the name of the court. In such an event learned trial court will be free to decide the validity of such deposit according to law and its consequence as well.
(Siddhartha Roy Chowdhury, J)
1 issue framed by the court
Whether the trial court committed a jurisdictional error by directing the deposit of rent in the name of the court under Section 7(2) of the West Bengal Premises Tenancy Act.
1 provisions across 1 enactments
Debasish Chakraborty
The State of West Bengal (Represented by the Collector)
Siddhartha Roy Chowdhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
