The Calcutta High Court held that depositing rent with the Rent Controller instead of the Civil Judge or landlord after institution of an eviction suit amounts to a technical, not willful, default and does not justify striking off the tenant’s defence under Section 7(3) of the WBPT Act.
The Delhi High Court reaffirmed that a landlord is the best judge of his bona fide requirement and cannot be compelled to accept a tenant’s opinion on accommodation, while setting aside the Rent Controller’s order granting leave to defend.
