VidhiSangh

Supreme Court of India · 22/10/2019

BIJAY KUMAR SINGH & OTHERS versus AMIT KUMAR CHAMARIYA & ANR.

[2019] 13 S.C.R. 1028 · 2019 INSC 1181

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Summary

Tenants facing eviction for rent arrears sought determination of the amount without depositing admitted rent. The Court held that the 1997 West Bengal tenancy statute required compliance with both the deposit and application requirements within the prescribed period. Its limited extension provision differed materially from the earlier statute, and section 5 of the Limitation Act could not cure the default.

Issues

  1. Whether the requirements of section 7(2) were mandatory and delay could be condoned under the Limitation Act.

Provisions considered

Held

Result

The appeals were dismissed, affirming the High Court’s interference with the tenants’ applications. The Trial Court was directed to proceed with the suits in accordance with law.

Judgment PDF: Supreme Court of India, [2019] 13 S.C.R. 1028.