- (1.) The plaintiff/opposite party filed a suit for eviction against the defendant/petitioner herein on the ground of unauthorized subletting of the suit premises to various sub-tenants. Since the defendant did not vacate the suit premises in spite of service of ejectment notice upon the defendant, the plaintiff filed the instant suit for eviction against the said defendant.
(2.) The defendant/petitioner appeared in the said suit and filed written statement denying the allegations made out by the plaintiff in the plaint. The defendant contended therein that the defendant is not a monthly premises tenant in respect of the suit premises comprising of godown measuring about 10,000 square feet. The defendant claimed that the defendant is a tenant in respect of burnt and dilapidated godown comprising of an area measuring about 10,300 square feet. The relationship of landlord and tenant between the parties was denied by the defendant in the written statement. It was stated therein that the defendant was inducted as a tenant in the suit premises by M/s. Property Developers Company and as such the plaintiff is not the landlord of the defendant. It was further stated therein that after obtaining the said tenancy, the defendant reconstructed the said godown and has been carrying on his business therein paying rent regularly to M/s property developers and company. The allegation of unauthorized subletting was also denied by the defendant in the said suit. The defendant is thus contesting the said suit with the above defence and has prayed for dismissal of the said suit.
(3.) Subsequently the defendant filed an application under Section 17(2) of the West Bengal Premises Tenancy Act of 1956 for determination of the dispute regarding existence of relationship of landlord and tenant between the parties and for determination of arrear rent, if any, payable by the defendant to his landlord. In paragraph 3 of the said application the defendant stated that "the defendant is a monthly premises tenant at a rental of Rs.975/- per month under the property developers & company payable according to English Calendar month.";