- (1.) This revisional application is directed against the order dated 22nd August, 2008, passed by the learned Civil Judge (Junior Division), 4th Court, Alipore in Title Suit No. 1450 of 2007, wherein the learned court was pleased to reject the plaint under Order 7 Rule 11 of the Code of Civil Procedure.
(2.) The facts of the case, as enumerated in this revisional application, are as follows : The plaintiff / petitioner filed the above suit for declaration and injunction. The petitioner was a monthly tenant in respect of three rooms with common bath and privy in the ground floor of the premises in question at a monthly rental of Rs.200/- under one Smt. Sonali Basu Mullick, since deceased.
(3.) While he was in possession, he used to pay the rent to the said Smt. Basu Mullick and paid rent upto September, 2005. On refusal of the rent the plaintiff has been depositing the rent before the Rent Controller since October, 2005. The said Smt. Basu Mullick died on 8th September, 2006 leaving behind her husband, Prasanta Basu Mullick and daughter, Indrani Basu Mullick. On 23.08.2007 they informed the plaintiff that they sold out the aforesaid property by registered deed of convenience on 14.2.2007 to one S.K. Developers and also requested to attorn the tenancy in favour of the said purchaser, S. K. Developers and to pay monthly rent to it. Accordingly, the plaintiff sent the monthly rent of Rs.200/- for the month of August, 2007 in respect of the said tenancy by money order to the said developers, who acknowledged the receipt of the said money order.;