- (1.) This civil revisional application is directed against the order dated 11th January, 2013 passed by the Learned 10th Civil Judge (Senior Division) at Alipore in T.S. No. 3328 of 2009, wherein Learned Court below has rejected the application filed under Order 7 Rule 11 of Civil Procedure Code by the present petitioner.
(2.) In this revisional application, the petitioner contended that the Learned Court below had committed a mistake that the tenancy in question is governed under the Transfer of Property Act. The Learned Trial Judge also failed to construe the true import and meaning of Order 7 Rule 11 of the Civil Procedure Code and failed to consider that the petitioner was a monthly tenant of Rs. 7,800/- (Seven Thousand Eight Hundred Only) per month and it was exclusively for residential purpose as per the agreement entered into by and between them.
(3.) He further added that as the monthly rent is above RS.6,500/- (Six Thousand Five Hundred Only) for residential purpose the tenancy is governed by the Transfer of Property Act, and is outside the purview of West Bengal Premises Tenancy Act, 1997. Finally he has prayed for setting aside the order of the Learned Court below.;