SUBHAS SAHA AND ORS. Vs. SOVA SAHA AND ORS.
LAWS(CAL)-2016-3-34
HIGH COURT OF CALCUTTA
Decided on March 22,2016

Subhas Saha And Ors. Appellant
VERSUS
Sova Saha And Ors. Respondents

JUDGEMENT

Ashis Kumar Chakraborty, J. - (1.) The revisional application is directed against the Order No. 109 dated March 03, 2015 passed by the learned Judge, 6th Bench, Presidency Small Causes Court, Calcutta in Ejectment Suit No. 94 of 2003. By the impugned order, the learned Court below rejected the applications filed by the petitioners, as the defendants in the said ejectment suit, under Ss. 17(2) and 17(2A) (a) and (b) of the West Bengal Premises Tenancy Act of 1956, (hereinafter referred to as "the Act of 1956") and an application under Sec. 151 of the Code of Civil Procedure (hereinafter referred to as "the Code").
(2.) The facts of the case giving rise to this revisional application lay in a very narrow compass and they may be briefly set out as follows.
(3.) The petitioners' father, since deceased, was a tenant under the opposite parties in respect of the suit property. In September, 1996 the opposite parties filed the Ejectment Suit No. 418 of 1996, against the father of the petitioner, before the learned City Civil Court at Calcutta claiming a decree for his eviction from the suit property, inter alia, on the grounds of default of rent since March, 1973 and reasonable requirement. The petitioners' father, as the defendant in the said ejectment suit filed applications under Ss. 17(2) and 17(2A) (a) and (b) of the Act of 1956 together with an application for condonation of delay under Sec. 5 of the Limitation Act. In view of the City Civil Court, (Amendment) Act, 1999 the said ejectment suit stood transferred to the Presidency Small Causes Court, Calcutta and was renumbered as Ejectment Suit No. 94 of 2003. Subsequently, the ejectment suit further stood transferred for disposal before the learned Court below.;


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