A.K. Mitra, J. - (1.) Challenging the Order No. 85 dated January 4, 2002 in an Ejectment Suit No. 187/ 1999 passed by the learned Judge, lllrd Court, Presidency Small Causes Court at Calcutta, this Revisional Application has been moved. The Plaintiff/opposite party No. 1 filed the Ejectment suit against the Petitioner and the opposite party No. 2.
(2.) The Petitioner filed an application in the said Suit under Sec. 17(2) of the West Bengal Premises Tenancy Act, 1956 within the time stipulated. In the said application, the Petitioner disputed landlord -tenancy relation with the opposite party No. 1, who is the Plaintiff, in the said application the Petitioner also stated that he is a thika Tenant in respect of a portion of land being Premises No. 26C, Nirmal Chandra Street. The said application under Sec. 17(2) of the West Bengal Premises Tenancy Act, 1956 has been made Annex. A to the petition. On the said application the learned judge passed an order being Order No. 29 dated April 6, 1993 which is quoted hereinbelow. Parties file Haziras. The application under Sec. 17(2) of the West Bengal Premises Tenancy Act is taken up for hearing. Heard the learned lawyers of both the sides. The point raised in this petition viz. whether Defendant is a thika tenant or not will be decided with other issues at the trial. The Defendant to deposit rent in court. The applications under Sec. 17(2) of the Act be disposed of accordingly.
(3.) Challenging the Order No. 2.9 dated April 6, 1993 quoted above, the Petitioner moved a revisional application being CO. No. 1836 of 1993. Said revisional application was disposed of by Hon'ble Justice Bhaskar Bhattacharya. The gist of the Order of his Lordship passed in the revisional application on May 4, 1999 is quoted hereinbelow: The present Petitioner filed an application under Sec. 17(2) of the West Bengal Premises Tenancy Act and thereby contending that he is a thika tenant. By the Order impugned, the learned judge has decided to hear the said application under Sec. 17(2) along with the main issue as to whether the Defendant is a thika tenant or not. I don't find any illegality or material irregularity in the Order impugned justifying interference under Sec. 115 of the Code of Civil Procedure. Moreover, the Petitioner will not be prejudiced by the Order impugned. Thus, there is no merit in the application and the same is dismissed. The learned judge is directed to dispose of the suit which is pending for the last 10 years positively by December 1999.;