Case brief
What is this about?
C.O. 4057 of 2018, Sri Indranil Mukherjee v. Sri Satyanarayan Jaiswal (Ajoy Kumar Mukherjee, J.) — tenant-default declaration under Section 7(2), West Bengal Premises Tenancy Act for April–June 2014 set aside where the rent-deposit challans were later traced and produced and their genuineness was not challenged; rejection of the recall application held harsh; Section 7(2) application to be reheard afresh within six weeks considering the challans; ejectment suit (Ejectment Suit No. 10614 of 2011, Civil Judge (Junior Division), 4th Court at Alipore) to be decided preferably within ten months; monthly rent Rs. 425/-; money orders returned 'not claimed'; Rs. 1,657/- (principal Rs. 1,275/- + interest Rs. 382/-) demand quashed by setting aside the impugned order.
What did the court decide?
The impugned orders dated 29th June, 2018 (declaration of default and liability of Rs. 1,657/- for April–June 2014) and 18th July, 2018 (rejection of recall) were set aside; the Court below was directed to decide the Section 7(2) application afresh considering the challan deposits for April, May and June, 2014 within six weeks, and to make best endeavour to dispose of the suit preferably within ten months from communication of the order; urgent certified copy on priority basis.