P.K.Samanta, J. - (1.) The West Bengal Premises Tenancy Act, 1997 (hereinafter called as the said Act) has repealed the West Bengal Premises Tenancy Act, 1956. In this petition under Article 227 of the Constitution of India, the landlord as being the defendant in a suit filed by the tenant for declaration of his tenancy right and injunction has raised an interesting question by contending that in view of the said Act, the present suit as above is not maintainable. In other words Civil Court's jurisdiction has been ousted by the said Act to entertain a civil suit for declaration of tenancy right in relation to a premises tenancy governed by the said Act.
(2.) Mr. S.P. Roy Choudhury, the learned senior advocate appearing in support of the petition on behalf of the defendant landlord only upon reference to the provisions of sub-section (6) of section 39 and section 44 of the said Act has contended that the present enactment has barred the jurisdiction of Civil Courts in respect of matters between landlord and tenant in relation to a premises tenancy save as otherwise expressly provided in the said Act.
(3.) To deal with the above question it is first necessary to consider the said provisions.;