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2025 DAILYLAW 12458 (CAL)

DIPAK OJHA v. SANTOSH KR GUPTA AND ANR

SAT/34/2025 · 2025-09-02

Apurba Sinha Ray, Soumen Sen

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

02.09.2025 SL No.3 Court No.16 (gc) SAT 34 of 2025 CAN 1 of 2025 Dipak Ojha Vs. Santosh Kr. Gupta & Anr. Mr. Chinmoy Pal, Mr. Archan Dutta …for the Appellant. Mr. Jayanta Kumar Mandal … for the Plaintiffs/Respondents. 1. In view of the admitted position that there has been a default in payment of rent for the months from January, 2018 to May, 2018 and the defence was struck off in a proceeding under Section 7(3) of the West Bengal Premises Tenancy Act, 1997 and the order passed by the learned Trial Court allowing the application under Section 7(3) of the West Bengal Premises Tenancy Act has not been interfered with in a proceeding initiated by the present appellant before this Court, we do not find any reason to admit the second appeal. Moreover, the second appeal does not involve any substantial question of law. 2. Accordingly the second appeal and the application are dismissed. 3. However, there shall be no order as to costs. 4. However, having regard to the fact that it would be difficult for the defendant/appellant to find an 2 immediate alternative accommodation, we direct the defendant/appellant to vacate the room by 31st December, 2025. 5. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all necessary formalities. (Soumen Sen, J.) (Apurba Sinha Ray, J.)