- (1.) This revisional application under Article 227 of the Constitution of India is directed against order No.9 dated 11th February, 2011 passed by learned Civil Judge (Junior Division) 1st Court at Alipore in Ejectment Suit No.508 of 2009.
(2.) The petitioner being landlady of the suit premises filed eviction suit (Ejectment Suit No.508 of 2009) against O. P. No.2 Biswanath Banerjee as her tenant. As per plaint the tenant defaulted in payment of rent since September, 2008 and also sent a notice dated 11th of July, 2009 surrendering his tenancy right but without delivering possession of the suit premises to the landlady. Accordingly, the petitioner plaintiff filed said eviction suit under Section 6 (1) (e) of the West Bengal Premises Tenancy Act, 1997. The O. P. No.1 Keya Majumdar alias Mithu Majumdar claiming to be the divorced wife of O. P. No.2 defendant tenant filed an application dated 10th February, 2010 under Order 1 Rule 10 (2) read with Section 151 of the Code of Civil Procedure praying to be added as a party in said Ejectment suit. After contested hearing learned trial court allowed said application filed by O. P. No.1 by adding her as a party defendant in the suit. Being aggrieved the petitioner plaintiff has filed this revisional application.
(3.) Mr. Probal Mukherjee, learned counsel appearing for the petitioner landlady, submits that there was no privity of contract in between the petitioner plaintiff landlady and O. P. No.1 being the divorced wife of O. P. No.2 tenant.;