Supreme Court: 30-Day Limit for Rent Deposit Under WBPT Act is Mandatory; No Relief via Limitation Act
Summary
The Supreme Court in Seventh Day Adventist Senior Secondary School vs. Ismat Ahmed & Ors. held that the statutory 30-day period prescribed under Section 7 of the West Bengal Premises Tenancy Act, 1997 (WBPT Act) for depositing arrears of rent and filing an application for rent determination is mandatory. The Court clarified that tenants cannot seek extension of this period by invoking Section 5 of the Limitation Act, 1963. Since the appellant-tenant failed to deposit the admitted rent and filed the application belatedly, the Court affirmed the High Court’s refusal to grant protection against eviction and dismissed the appeal.
Crux in Five Pointers
- Mandatory Twin Conditions – To claim protection under Section 7 WBPT Act, a tenant must (i) deposit the admitted rent within 30 days of summons, and (ii) file an application for determination of rent simultaneously.
(Citation: Seventh Day Adventist Senior Secondary School vs. Ismat Ahmed & Ors., 2025 LiveLaw (SC) 811, ¶18–20) - No Extension via Limitation Act – The Court ruled that Section 5 of the Limitation Act cannot be invoked to extend the statutory 30-day deadline under WBPT Act.
(Citation: ibid., ¶21–22) - Limited Scope of Proviso to Section 7(2) – Judicial discretion to extend time applies only after the tenant complies with the initial 30-day requirements; it cannot cure initial default.
(Citation: ibid., ¶23–25) - Failure Leads to Eviction – Non-compliance with Section 7(1) & 7(2) automatically triggers Section 7(3), striking out the tenant’s defence against eviction.
(Citation: ibid., ¶26–28) - Appeal Dismissed – As the tenant filed the rent determination application with a 17-day delay, he lost statutory protection and the Supreme Court upheld the High Court’s eviction order.
(Citation: ibid., ¶29–30)