- (1.) The instant application is for review of an order passed on 12th July, 2011 in disposing of C.O.2654 of 2008.
(2.) In order to appreciate the scope of the said review application, some of the relevant facts are mentioned hereinbelow:- The petitioner is a defendant in an eviction suit instituted by one Santosh Kumar Mondal being Title Suit No.229 of 1994. The petitioner received the summons on 8th July, 1994 and entered appearance on 25th July, 1994. Subsequently, it is claimed that a written statement was submitted on 24th July, 1996. It is alleged by the petitioner that the original plaintiff continued to accept rent till his death that is upto December, 2003, either by cash or through money order and his wife being the opposite party No.1 used to issue rent receipts and the money order receipts on behalf of her husband. It is claimed that she was receiving rents in respect of both the tenancies since 8th March, 1994 and after the death of the original plaintiff, the opposite parties, namely, present landlords proceeded with the suit. However, one Soma Mondal, claiming to be the daughter-in-law, being wife of the predeceased son of the original plaintiff, started demanding the rent from the petitioner claiming herself as owner of the property, although, she was never made a party to the suit. All of a sudden the opposite parties filed an application under Section 17(3) of the West Bengal Premises Tenancy Act, 1956 on December 14, 2004 praying for striking out of the defence against delivery of possession of the petitioner alleging non-compliance of provisions of Sections 17(1) and 17(2) of the West Bengal Premises Tenancy Act, 1956.
(3.) The petitioner contested such proceeding by filing written objection on 28th April, 2006 in which it has been categorically stated that the rent has been paid all along to the original plaintiff till his death i.e. 26th December, 2003. The opposite parties failed to prove themselves as heirs of the original plaintiff and, accordingly, not entitled to receive any rent. On 2nd January, 2007 it was contended that the said application was heard by the learned Court below on the points of law and the matter was adjourned but on the next date, the learned Advocate for the petitioner was surprised to find from the cause list that the application filed under Section 17(3) of the West Bengal Premises Tenancy Act, 1956 had been rejected and the suit was fixed for preemptory hearing. However, from the certified copy of the said order on the following date it was found that the petitioner under Section 17(3) of the West Bengal Premises Tenancy Act, 1956 was allowed on contest and the defence of the petitioner had been struck out under Section 17(3) of the West Bengal Premises Tenancy Act.;