Sabyasachi Bhattacharyya - (1.)The defendant/tenant in an eviction suit, filed by the opposite parties only on the ground of default in payment of rent, have preferred the instant revisional application.
(2.)By the impugned order, the petitioner's application under Sec. 5 of the Limitation Act, for condonation of delay in filing applications under Sec. 7(1) and 7(2) of the West Bengal Premises Tenancy Act, 1997 (hereinafter referred to as "the 1997 Act") was dismissed on contest. Accordingly the applications under Sec. 7(1) and under Sec. 7(2) were held to be not maintainable, being barred by limitation. By the same order, the trial court also struck out the defence of the defendant/petitioner against delivery of possession, as a consequence of the dismissal of the other applications.
(3.)The facts of the case in a nutshell are as follows. The opposite parties filed the eviction suit on Nov. 16, 2016. The defendant entered appearance on Feb. 16, 2017, but submitted his written statement on Nov. 29, 2017. Such written statement was, however, accepted by the court.