Mandatory tenant deposit and rent-determination application under tenancy law cannot be delayed by limitation condonation.

Section 7(2) of the West Bengal Premises Tenancy Act, 1997 requires a tenant disputing arrears of rent to deposit the admitted amount and file an application for determination of rent within the prescribed time, subject only to a limited extension under the proviso. The statutory scheme treats this deposit and application as mandatory preconditions for protection against eviction for default. Because the Act provides a complete mechanism and does not confer an unfettered power to enlarge time, Section 5 of the Limitation Act, 1963 cannot be used to condone delay in complying with Section 7(2). Non-compliance therefore defeats the tenant's claim to statutory protection.

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Issues: Whether the tenant could invoke Section 5 of the Limitation Act, 1963 to condone delay in complying with Section 7(2) of the West Bengal Premises Tenancy Act, 1997, and whether the statutory deposit and accompanying application under Section 7(2) were mandatory preconditions to avoid eviction for default in payment of rent.

Analysis: Section 7 of the Act creates a complete mechanism for a tenant to secure protection against eviction on the ground of arrears of rent. Where there is no dispute, Sub-section (1) requires payment or deposit within one month of service of summons or appearance. Where there is a dispute, Sub-section (2) requires the tenant, within that same time, to deposit the admitted amount and file an application for determination of the rent payable; the proviso permits extension of time only once and for not more than two months. The scheme differs materially from the earlier West Bengal Act considered in prior decisions because the present Act does not contain an equivalent unfettered power to extend time. The Court held that the language and structure of Section 7(2), read with Sub-section (3), make compliance mandatory, and that the tenant cannot rely on Section 5 of the Limitation Act to extend the time for filing the application and deposit.

Conclusion: The requirement under Section 7(2) is mandatory, Section 5 of the Limitation Act, 1963 is inapplicable, and the tenant's failure to comply within the prescribed time defeats the claim to protection against eviction.

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