Supreme Court of India
Gaya Prasad Kar v. Subrata Kumar Banerjee
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What the Court ordered
For the reasons aforesaid, we are unable to agree with the views expressed by the learned single Judge of the Calcutta High Court and we accordingly set aside the order passed by the learned single Judge in the revision application and restore the order of the learned Civil Judge (Junior C Division), Howrah holding that the appellant-tenant was not a defaulter in payment of the rents.
Judgment, page 10
From the headnote
Tenancy-West Bengal Premises Tenancy Act, 1956-Sections 17(2), 17(2A), 4, 13 & 39-Default in payment of rent-Not made out injacts and circumstances of the case-Default, if any, too technical-Only on account of initial refusal of the landlord, the tenant was compelled to tender rent for the second time, which was according to the time prescribed under S.4 of the Act-Since S. 17 (2A) of the Act empowers the Court to extend time for deposit of rent arrears, application filed by tenant under S.5 of the Limitation Act for condonation of delay in initial tendering of rent was appropriate-
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