The Supreme Court has dismissed an appeal filed by Seventh Day Adventist Senior Secondary School, challenging the Calcutta High Court’s order that upheld the Small Causes Court’s rejection of its plea for condonation of delay in depositing rent under the West Bengal Premises Tenancy Act, 1997 (WBPT Act).
The dispute arose when the landlord filed an ejectment suit citing arrears of rent, bona fide need, and sub-letting. Summons were served on 29 September 2022, but the tenant filed applications under Sections 7(1) and 7(2) of the WBPT Act, along with a plea under Section 5 of the Limitation Act, 17 days late.
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Both the trial court and the High Court ruled that the statutory 30-day deadline for depositing rent under Section 7(1) of the WBPT Act is mandatory and cannot be extended through the Limitation Act.
“If a lesser time period is prescribed under the WBPT Act, the provisions of the Limitation Act cannot be invoked to extend it,” the Supreme Court stated.
The Bench of Justice J.K. Maheshwari and Justice Aravind Kumar held that the tenant’s failure to deposit rent and file the application within the prescribed period attracted the consequence under Section 7(3)- striking off the defence against eviction.
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The Court clarified that the proviso allowing extension of time in Section 7(2) applies only after rent determination by the court, not before. Since the tenant missed the initial deposit deadline, the benefit of protection against eviction was unavailable.
The appeal was dismissed, and the orders of the lower courts were upheld.
Case Title: Seventh Day Adventist Senior Secondary School vs. Ismat Ahmed & Others
Case Type & Number: Civil Appeal (arising out of SLP (C) No. 10900 of 2024)
Date of Judgment: 13 August 2025
