ASIM KUMAR MONDAL,J. - (1.) THIS is an application under Article 227 of the Constitution of India has been preferred challenging the legality and propriety the order No. 194 dated December 7th, 2006 passed by learned Civil Judge (Junior Division), 1st Court, Chandernagore in Title Suit No. 155 of 1984.
(2.) THE opposite party as plaintiff filed a suit for ejectment against the defendant / petitioner on ground of defaulter, nuisance and annoyance and for challenging the nature and character of the suit premises deliberately violating all laws and for reasonable requirement for own use and occupation and for starting a business and also for building and rebuilding and for major additions and alternations. The petitioner / the defendant has also filed as plaintiff a suit for declaration and injunction against the opposite party herein which was registered as Title Suit No. 125 of 1984 for a declaration that the plaintiff has got non -agricultural tenancy right under the West Bengal Non - Agricultural Tenancy Act in B(1) and for declaration that the premises standing in the schedule is constructed by the plaintiff not by the defendant and also for declaration that the defendant is not the owner of the premises of the schedule land. The petitioner / defendant in title suit No. 155 of 1984 filed an application under Section 17(1), 17(2) and 17(2A) of the West Bengal Premises Tenancy Act for permission to deposit the rent and for determination of relationship of landlord and tenant between the plaintiff and the defendant and also to determine the rate of rent and arrear of rents, if any, and for easy instalment to pay the arrears of rent. In the said petition the petitioner / defendant contended that the petitioner is not a tenant under the plaintiff / opposite party and he does not occupy the premises described in the 'A' schedule to the plaintiff as a house tenant as monthly rental of Rs. 70/ - and he never occupied the suit premises as a monthly rent of Rs. 112/. It is further contended that the defendant / petitioner himself is the owner of the premises in suit and he has taken lease of the land along with adjoining land at monthly rent of Rs. 12/ - according to English calendar month in non -agricultural tenancy right of a agreement of lease dated December 10th, 1972. It is the further case of the petitioner / defendant that the learned Trial Court ordered for analogous trial of both the suits.
(3.) IT is the further case of the petitioner / defendant that learned trial court fix on November 20th, 2006 for argument of petition under Section 17(20 and 17(2A) of the West Bengal Premises Tenancy Act of the Eviction suit and finally the learned Trial Court fixed on December 7th, 2006 for passing an order in respect of the petition under Section 17(2) of the West Bengal Premises Tenancy Act and passed the impugned order No. 194 dated December 7th, 2006 without going through its previous order and held that the defendant / petitioner is a defaulter since Pous 1390 B.S. to 1413 Agrahayan and directed to make payment of Rs. 18,582/ - to the plaintiff by way of two instalments of Rs. 9,582/ -.;