West Bengal premises tenancy act
In an ejectment suit filed by the plaintiff ( landlord) in the court of civil judge, Judges court, Alipore, Kolkata in 2022 on grounds of default of rent under west bengal premises tenancy act, 1997. The defendant ( tenant) did not file petition u/s 7(1) & 7(2) within a mandatory period of 30 days of receiving the summons by registered India government post and through court bailiff. Neither, rents in arrears were deposited with the learned court within that time frame. Petition u/s 7(1) of West Bengal premises tenancy act, 1997 never filed at all till date. Later, the defendant filed application for condonation of delay u/s. 5 of Limitation Act. Defendant filed written statement, 7(2) petition of West Bengal premises tenancy act, 1997 and Sec. 5 of Limitation Act application filed after 11 months after receipt of Summon by registered post and after 8 months of receipt of summon through court bailiff. On the first hearing date, the judge verbally declined the petition of condonation of delay ( although, no order was passed) and set next date for the hearing. The plaintiff intends to file a petition u/s 7(3) of the west bengal premises tenancy act, 1997 on the next hearing date stating:- (i ) Prayer for an order for eviction and delivery of khas possession to landlord ( ii ) Prayer for realisation of rent in arrears along with costs of the suit. My question:- Should the plaintiff file a petition u/s 7(3) of West Bengal premises tenancy act, 1997 stating only (I) Prayer for an order for eviction and delivery of khas possession to landlord AND ALSO (ii) Prayer for realisation of rent in arrears along with costs of the suit.?
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