ABHISHEK SINGH Vs. BHOLANATH KUNDU
LAWS(CAL)-2021-12-56
HIGH COURT OF CALCUTTA
Decided on December 23,2021

ABHISHEK SINGH Appellant
VERSUS
Bholanath Kundu Respondents


Referred Judgements :-

BIJAY KUMAR SINGH VS. AMIT KUMAR CHAMARIYA [REFERRED TO]


JUDGEMENT

AJOY KUMAR MUKHERJEE,J. - (1.)CAN 1 of 2019 is disposed of as no question about condonation of delay in filing the present application attracts in the present context.
(2.)Being aggrieved by an order dtd. 24/06/2019 passed by the learned Chief Judge Small Causes Court at Calcutta in the Ejectment Suit No. 351 of 2018, present revisional application has been preferred. By the said impugned order the learned Trial Court was pleased to reject defendants petition under Ss. 7(1) and 7(2) of the West Bengal Premises Tenancy Act, 1997(hereinafter referred to 'the said Act of 1997' in short).
(3.)The backdrop of the case in a nutshell is that, a suit was filed by the opposite party Bholanath Kundu as plaintiff for recovery of Khas possession damage and/or mesne profit against the petitioner/defendant claiming that plaintiff is the owner/landlord of the suit property. The defendant is a monthly tenant under the plaintiff at a rent of Rs. 1600.00 per month initially which according to defendant subsequently enhanced to Rs. 1680.00 per month in pursuance of tenancy agreement dtd. 01/04/2014 made by and between the parties. In the said suit for ejectment, the defendants filed written statement. In the plaint it is alleged that the defendant has defaulted in payment of rent since April, 2017. The defendant filed application under Sec. Ss. 7(1) and 7(2) of the said Act of 1997.
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