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2005 (10) TMI 503 - SC - Indian LawsPetition filed under Section 17 (2) and (2A) of the West Bengal Premises Tenancy Act, 1956 filed by the appellant disposed off & declaring that the appellant-tenant was not a defaulter in payment of rent. Held that:- Section 39 of the Act provides that subject to the provisions in this Act relating to limitation, all the provisions of the Indian Limitation Act, 1908 shall apply to suits, appeals and proceedings under this Act. Since Section 17 (2A) confers power upon the court to extend time for making deposits of all arrears for the period in default, the application made by the appellant-tenant under Section 5 of the Limitation Act for condonation of delay in the initial tendering of the rent becomes meaningful. For the reasons aforesaid, we are unable to agree with the views expressed by the learned single Judge of the Calcutta High Court and we accordingly set aside the order passed by the learned single Judge in the revision application and restore the order of the learned Civil Judge (Junior Division), Howrah holding that the appellant-tenant was not a defaulter in payment of the rents. The appeal is accordingly allowed but there will be no order as to costs.
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