CO/1668/2026 of PARTHA DAS Vs PRABIR KUMAR DAS on 22 September 2026

M/L- 129 22/09/2026 Ct. No.- 6 Aritra C.O. 1668 of 2026

Sri Partha Das Vs. Sri Prabir Kumar Das

Mr. Sambhu Nath Sardar ….for the petitioner

This application under Article 227 of the Constitution of India is at the instance of the defendant and is directed against an order dated April 27, 2026 passed by the learned Civil Judge (Sr. Div.), 7th Court at Alipore in Ejectment Suit No.3 of 2023. By the order impugned the application under Section 7(3) of the West Bengal Premises Tenancy Act, 1997 stood allowed thereby striking out the defence of the petitioner against delivery of possession. The learned trial judge by an order dated February 9, 2026 directed the petitioner to deposit a sum of Rs.3,65,225/- along with current arrears. However, despite lapse of more than one month the defendant has failed to comply with the said order. The learned advocate appearing for the petitioner would vehemently contend that the order was passed behind the back of the petitioner as the petitioner was not represented on the particular date. However, on a query of the Court the learned advocate appearing for the petitioner, in his usual fairness, submits that the said amount has not yet been deposited. He however prays that a liberty be given to the

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petitioner to deposit the entire arrears within the time limit, that may be fixed by this Court. It is now judicially settled that the time limit fixed under Section 7(1)(c) of the 1997 Act and the first part of Section 7(2) of the 1997 Act for filing of an application together with deposit of admitted arrears is mandatory and such period cannot be extended. For such reason this Court is not inclined to interfere with the order impugned. Accordingly, CO 1668 of 2026 stands dismissed. There will be no order as to costs. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Hiranmay Bhattacharyya, J.)