Supreme Court of India
Seventh Day Adventist Senior Secondary School v. Ismat Ahmed and Others
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What the Court ordered
In view of the above discussions, the present appeal of the tenant fails and is dismissed while maintaining the order passed by the learned Small Causes Court and the High Court in above terms.
Judgment, page 22
From the headnote
Issue for Consideration Whether applications filed u/ss.7(1) and (2) of the West Bengal Premises Tenancy Act, 1997 by the tenant without deposit of rent after lapse of statutory period of thirty days, along with an application u/s.5 of the Limitation Act, rejected by Court of Small Causes as not entertainable, confirmed by the High Court is justified. Headnotes† West Bengal Premises Tenancy Act, 1997 (WBPT Act) – s.7 – When a tenant can get the benefit of protection against eviction – Limitation Act, 1963 – s.5 – General Clauses Act – Benefit of protection against eviction u/s.7, when not
Authorities it was built on
- 2003 Nasiruddin and Ors. v. Sita Ram Agarwal
- 1975 Gvindlal Chhaggan Lal Patel v. The Agricultural Produce Market Committee, Godhra and Others
- 1966 Khub Chand and Ors. v. State of Rajasthan & Ors.
- 1985 Ganesh Prasad Sah Kesari & Anr. v. Lakshmi Narayan Gupta
- 2023 Debasish Paul & Anr. v. Amal Boral
- 2019 Bijay Kumar Singh & Others v. Amit Kumar Chamariya & Anr.
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