Prasenjit Mandal, J. - (1.) THIS application is at the instance of the defendant/tenant and is directed against the order dated July 10, 2009 passed by the learned Civil Judge (Junior Division), Sixth Court, Alipore in Rent Control Case No.37 of 2005 thereby rejecting an application filed by the defendant for dismissing the suit on the ground of being not maintainable.
(2.) THE short fact is that the plaintiffs/opposite parties filed an application under Section 6 of the West Bengal Premises Tenancy Act, 1997 for eviction of the petitioner herein on the ground of default, sub-letting, reasonable requirement, etc. In that suit, the defendant/petitioner filed an application raising the question of maintainability of the suit. That application was rejected by the order impugned. Being aggrieved, this application has been preferred. Upon hearing the learned counsel for the parties and on perusal of the materials on record, I find that the contention of the petitioner is that the said R.C. Case No.37 of 2005 is not maintainable in view of the provisions of Section 8(3) of the West Bengal Thika Tenancy (Acquisition & Regulation) Act, 2001. The petitioner has contended that such an application for eviction is to be filed before the controller. But, in the instant case, the application was filed before the learned Civil Judge (Junior Division). The application was filed on February 2, 2005 for eviction on the grounds already stated. The plaintiffs/opposite parties have clearly stated that they are the thika tenants in respect of the land of the premises in suit and that the petitioner is a Bharatia under them.
(3.) THIS being the position, in view of the provision relating to the disputes between a thika tenant and his Bharatia, so far as the eviction proceeding is concerned, the same shall be guided by the provisions of the West Bengal Premises Tenancy Act, 1997. In fact, an application under Section 6 of the West Bengal Premises Tenancy Act, 1997 has been filed for eviction against the petitioner before the additional rent controller at Alipore. The learned Additional Rent Controller at Alipore is included within the definition of controller for compliance of the provisions of the said Act. THIS being the position, so far as the eviction proceeding between a thika tenant and his Bharatia is concerned, the application has been rightly filed before the additional controller at Alipore. In that case, the thika tenant shall be treated as landlord and the Bharatia shall be treated as tenant and this is being followed in the said proceeding. This being the position, I do not find any justified ground to entertain the application. The learned Trial Judge has rightly rejected the application filed by the petitioner. I hold that the impugned order does not call for any interference at all. The learned Trial Judge has exercised his jurisdiction properly. So, the application is dismissed. Considering the circumstances, there will be no order as to costs.;