- (1.) THIS is an application for review of an order dated January 10, 2014 passed by a learned single Judge of this court, who has since retired, in CO No.1657 of 2012 under Article 227 of the Constitution of India against Order No.18 dated April 11, 2012 passed by the learned Judge, 5th Bench, Presidency Small Causes Court at Calcutta in Ejectment Suit No.209 of 2008.
(2.) BY the said order dated April 11, 2012 the learned Judge, 5th Bench, Small Causes Court rejected an application filed by the petitioners/defendants in the said ejectment suit praying for an order directing the opposite party/plaintiff to restore supply of electricity to the suit premises.
(3.) IN the plaint filed in the said eviction suit, the opposite party/plaintiff stated that the tenancy of the defendants/petitioners is in respect of the suit property was for commercial purpose and one of the grounds for eviction was that the defendants/petitioners have kept the suit premises under lock and key for 15 years which is a ground of eviction stated in section 6(l) of the West Bengal Premises Tenancy Act, 1997 (hereinafter referred to as "the said 1997 Act"). By the said order dated April 11, 2012 the learned Judge, 5th of the Small Causes Court rejected the said application of the defendants/petitioners by stating that the plaintiff has filed the suit against the defendants on one of the grounds that the defendants kept the suit premises under lock and key for the last 15/20 years and left the suit premises. In the said impugned order dated April 11, 2012 it was recorded that the suit premises was used by the defendants for commercial purpose. It was held that if the petition under section 151 CPC filed by the plaintiff/opposite party was allowed, then it would cause prejudice to the plaintiff/opposite party where the plaintiff/opposite party already accrued a statutory right.;