J.K. Maheshwari, J.
1. Leave granted.
2. Challenging the order impugned dated 20.03.20241 passed by
High Court at Calcutta, confirming the order dated 17.07.20232 of
the Small Causes Court, which rejected the application under
Section 5 of the Limitation Act, 1963 filed by appellant–tenant
7(1) of the West Bengal Premises Tenancy Act, 1997 (in short
‘WBPT Act’), the present appeal has been filed.
3. The appellant is a tenant in the suit premise being Flat No. 8,
First Floor, 44, Elliot Road, Kolkata, West Bengal, and the
respondents are the landlord. The relationship of landlord and the
tenant is not in dispute. The admitted monthly rent of the suit
premise is Rs. 1090/-. The landlord instituted the ejectment suit
on 11.06.2019 on the grounds of arrears of rent, bona-fide need
and sub-letting. On issuance of notice, summons were served upon
tenant on 29.09.2022. From the next day and date, i.e., 30.09.2022
till 27.10.2022, the Courts were closed because of Durga Puja
vacation in Kolkata. Thereafter, on 14.11.2022, the tenant filed the
applications under Sections 7(1) and 7(2) of the WBPT Act along
with application under Section 5 of the Limitation Act with the
prayer to condone the delay of 17 days in filing the application
under Section 7(1) of the WBPT Act.