A.K.Basu, J. - (1.) An interesting point of law has been raised through this application filed under Article 227 of the Constitution of India and the said point of law relates to the question as to whether the principle of concurrent lease is applicable in India notwithstanding the provisions of section 54 of the Transfer of Property Act.
(2.) The background of the present hearing may be briefly narrated in this way: One Sanjib Shaw alias Saha filed Ejectment Suit No. 222 of 2000 in the Small Causes Court, Calcutta against the present opposite parties. During pendency of that Ejectment suit the present petitioner Swapan Kr. Dutta filed an application before the trial Court under Order 22 Rule 10 read with section 151 of the Code of Civil Procedure for impleading his name as plaintiff in place of original plaintiff Sanjib Shaw alias Saha on the ground that during the pendency of the suit said Sanjib Saha has executed a deed of lease regarding the entire property including the suit property and hence on the basis of the said deed petitioner has become 'landlord' of the tenant opposite parties and she is entitled to proceed with the eviction suit now pending for disposal.
(3.) The tenant opposite parties contended the said petition of Swapan Kr. Dutta before the trial Court on the ground that said Swapan Kr. Dutta could not acquire any right, title or interest over the suit property during the continuation of their tenancy right and hence, Swapan Kr. Dutta cannot be termed as 'landlord' within the meaning of West Bengal Premises Tenancy Act, 1956 and naturally, he cannot be substituted in place of original plaintiff.;