In Brief
This appeal addressed whether Section 7(2) of the West Bengal Premises Tenancy Act, 1997 requires only filing an application to determine disputed rent or also mandates actual deposit of admitted rent arrears. The respondent sought eviction for non-payment of rent, and the appellant filed an application to determine the arrears without depositing any amount. The Court held that Section 7(2) is mandatory and requires two conditions: deposit of admitted arrears AND filing an application for determination. The Limitation Act, 1963 cannot be used to condone delays in meeting these requirements. The Court distinguished prior case law under the 1956 Act, which had broader discretionary powers. Section 7 provides a complete mechanism for avoiding eviction if tenants strictly comply with both deposit and application requirements within prescribed timelines.
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