Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1997 West Bengal Premises Tenancy Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | West Bengal Premises Tenancy Act, 1997 - s. 7(1) (2) and (3) - Protection against eviction of tenant - Suit for eviction by Landlord - Tenant's applications u/s. 7(1) and 7(2) - Trial court while allowing the application u/s. 7(1)directed the tenant to deposit the arrears of rent- The tenant instead of depositing the rent to civil court (as required uls. 7(1) after Amendment Act of 2005) deposited the same to Rent Controller -Application of tenant for permission to deposit the arrears of rent before civil court, when reached before Supreme Court, was rejected with liberty to approach appropriate court to decide whether non-compliance of s. 7(1) in depositing the rent was bonafide - Thereafter application uls. 7(2) of tenant allowed by trial court and confirmed by High Court - On appeal held: Protection against eviction is available to the tenant only after strict compliance of statutory provisions - In the present case, the tenant failed to comply with s. 7(1) - However in view of the decision to Supreme Court giving liberty to tenant to satisfy his bonafide, order allowing application uls. 7(2) is correct. |
Judge | Hon'ble Mr. Justice M.Y. Eqbal |
Neutral Citation | 2015 INSC 342 |
Petitioner | Monoj Lal Seal And Others |
Respondent | Octavious Teaand Industries Ltd. |
SCR | [2015] 6 S.C.R. 791 |
Judgement Date | 2015-04-21 |
Case Number | 3786 |
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