Arijit Banerjee, J. - (1.) THE three revisional applications arise in connection with the orders passed and or proceedings in the same suit and, accordingly, involve common facts. As such the three revisional applications are taken up for hearing and disposal together. Common facts of the case:
(2.) THE opposite party in CO No. 2739 of 2007 is the plaintiff in Title Suit No. 173 of 1985 renumbered as Title Suit No. 111 of 2006 pending in the Court of the Civil Judge (Senior Division) 4th Court, Alipore. The suit has been filed for recovery of possession of the suit premises on the grounds of, inter alia, default in payment of rent and illegal subletting. The petitioner/defendant filed written statement in the suit claiming to be Thika Tenant. CO 2739 of 2007: - -
(3.) THE defendant/petitioner filed an application under Order 7 Rule 11 of the Code of Civil Procedure for rejection of the plaint on the basis that the suit is not maintainable against the defendant who is a Thika Tenant in respect of the suit premises. The defendant contended that the plaintiff had wrongfully and illegally instituted the suit under the provisions of the West Bengal Premises Tenancy Act when, in fact, the defendant is a thika tenant under the Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981. The defendant contended that it had been depositing rent with the Thika Controller, Calcutta since January, 1982.;