JUDGEMENT
ASIM KUMAR MONDAL,J. -
(1.) THIS is an application under Article 227
of the Constitution of India.
(2.) THE petitioner is defendant in a suit being No. Title Suit 87 of 2008 which is pending before the learned Civil Judge (Junior Division),
Rd Court, BuRdwan. 3. The opposite party is the plaintiff. A suit has been instituted at the instance of opposite party for recovery of khas possession upon evicting
the defendant petitioner.
(3.) THE petitioner after having entered appearance and filed application under Section 7(i) of the West Bengal Premises Tenancy Act,
1997 along with a petition under Section 7(ii) of West Bengal Premises Tenancy Act and for permission to deposit monthly current rent as well
as for determination of the relationship of the landlord and tenant
between the parties. The petitioner in her written statement has denied
the right, title and interest of the plaintiff in the suit property as
landlord. It is the positive case of the petitioner that he is the tenant
under one Amarnath Mukherjee and plaintiff who claimed to have
purchased the said property could not establish his ownership in respect
of the said property.;
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