Amulya Kumar Nandy, J. - (1.) This revision is directed against Order No 124 dated 8.6.89 passed by the Munsif, 3rd Court, Alipore, in title Suit No. 52/88.
(2.) The petitioner filed a petition under section 31 of the West Bengal Premises Tenancy Act. The Munsif found that he has no jurisdiction to entertain the application. On a plain reading of the section it will appear that only the Rent Controller can exercise the power conferred under section 31 of the West Bengal Premises Tenancy . Act. The learned Counsel for the petitioner rightly submits that despite such provision for exercise of the power by the Rent Controller,ins pending suit, Civil Court can also exercise the powers under section 31 of the West Bengal Premises Tenancy Act. The legislative intent has to be seen. The intention of the legislature is to protect the tenant from disturbance of the easement etc. by the landlord. In a pending suit, the Civil Court will protect the rights of the tenant and the tenant is not opposed to rush to the Rent Controller for a remedy under section 31 of the West Bengal Premises Tenancy Act. Section 31 of the West Bengal : Premises Tenancy Act is not only penal, it is remedial also. Power is also vested in the Rent Controller under section 34 of the West Bengal Premises Tenancy Act. But in a pending suit, Munsif can very well exercise the power. Therefore, the opposite party cannot be heard to say that the Munsif cannot exercise jurisdiction.
(3.) In my opinion, in a pending suit, Civil Court can exercise its power conferred upon the Rent Controller under section 31 of the West Bengal Premises Tenancy Act.;