K.J.SENGUPTA,J. - (1.) The notice of motion has been taken out in the above application for judgment upon admission against defendant/respondent for eviction of the suit premises particulars of which are described in the Schedule A to the plaint.
(2.) Both the plaintiffs have filed the suit against the lone defendant for eviction on the ground that in view of commencement of the West Bengal Premises Tenancy Act 1997 on and from 10th July 2001 the defendant is not a tenant in respect of entire suit premises as per definition of tenant in Section 2(g) of the said Act after period of 5 years lapsed from the date of coming into force of the aforesaid Act. In the schedule A of the plaint the suit premises has been described as partly three storied, partly two storied and partly one storied building together with out houses being the demarcated major portion of the premises No. 11, Rawdon Street measuring about 29 cottahs 7 chittaks and 31 sq.ft. (hereinafter referred to the suit premises).
(3.) The ground for obtaining judgment in this application is that after the aforesaid suit was filed an application for claiming interlocutory relief in the form of injunction etc. was made by the plaintiff/petitioner against the defendant who while contesting the same has filed an affidavit making statement admitting the case of the plaintiff.;