Santanu Basu v. Manisha Chakraborty and Ors.
Case brief
What is this about?
Rent-arrears civil revision (CO 2273 of 2021). Trial court (Civil Judge (Senior Division), 5th Court, Alipore, 24 Parganas (South), Title Suit No. 55 of 2014) fixed rent due period January 2001 to July 2019 and outstanding dues Rs.4,06750/- payable in instalments after adjusting rent paid upto August 2014. Petitioner claimed post-suit current rent under Section 7(1) WBPT Act (2014-2019) was omitted from computation; no proof of deposits produced before trial court or revising court. Revision disposed of with liberty to apply for modification of order dated 01.08.2019. Keywords: WBPT Act S.7(1), rent arrears, instalment, current rent deposit, modification of order, Title Suit 55 of 2014, Alipore.
What did the court decide?
Liberty granted to the defendant/petitioner to make an application before the trial Court for modification of the impugned order dated 01.08.2019, on filing documents evidencing deposit of current rent till 2019 under Section 7(1) of the WBPT Act; trial Court to consider the case and modify its order if the petitioner's case has merit. Connected application(s) disposed of; urgent certified copies to be supplied on compliance with formalities.