ANIMA GHOSH Vs. SANNYASHI CHARAN BASAK
HIGH COURT OF CALCUTTA
Sannyashi Charan Basak
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D.B. Dutta, J. -
(1.)The instant revisional application is directed against the Order No. 85, dated Aug. 17, 1995 passed in Ejectment Suit No. 493 of 1984 by the learned Judge, 10th Bench, City Civil Court at Calcutta.
(2.)The facts and circumstances leading to the instant revisional application in substance may be stated as follows :
(3.)The suit was one for ejectment of a monthly premises tenant within the meaning of the West Bengal Premises Tenancy Act, 1956. The defendant filed written statement claiming herself to be a monthly premises tenant, but disputed the land-lordship of the plaintiff. The defendant also raised a dispute by filing petitions under Sections 17(2), (2A) and (2B) of the said Act of 1956. Subsequently, following the alleged discovery of some documents the defendant came forward with a prayer for amendment of her written statement by introducing an inconsistent plea of thika tenancy. She also filed an application under Sec. 151 of the Code of Civil Procedure introducing the said inconsistent plea of thika tenancy therein and praying for determination of the question as to whether she was a thika tenant under the Thika Tenancy Act, and also for staying of further proceedings of the suit till the disposal of the said applications.
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