Indrajit Chatterjee, J. - (1.) This is an application under Article 227 of the Constitution of India wherein the order dated 8.6.2015 passed by the learned Civil Judge, Jr. Div., 6th Court, Alipore, South 24 Paraganas in connection with ejectment suit no. 392 of 2009 has been assailed before this court.
(2.) In the impugned order the learned trial court was pleased not to mark one rent receipt as exhibit but preferred to tackle the situation by marking the same as X for identification considering the objection raised by the defendant/opposite party as per provisions of Section 151 of the Civil Procedure Code (hereinafter called the said Code).
(3.) Now, the question before this court is as to whether this document ought to have been marked as exhibit or not. I am told that this counterfoil of the rent receipt dated 10.1.2000 shows acceptance of rent to the tune of Rs. 1500/- for the moth of October 19, 1999 to December, 1999 and was signed by one Sankar Lal Saha, the previous owner. It may be noted that it is the specific case of the defendant/opposite party that he is not the tenant in respect of the suit property but he is the owner in respect of the same by acquiring title adversely against the owner.;