SANJIB BANERJEE,J. - (1.) The defendant in an eviction suit filed under the West Bengal Premises Tenancy Act, 1997 complains of the failure on the part of the trial court to take up an adjudication that it was obliged to under Section 7(2) of the said Act.
(2.) The contention of the petitioning defendant is that the trial court refused to exercise a jurisdiction that the trial court was vested with in terms of the statute.
(3.) It appears that the plaintiff purchased the suit property from the petitioner's original landlord who had inducted the petitioner, apparently for a tenure of three years, in 1996. There is no averment in the petition regarding the attornment of the tenancy and no specific averment as to any demand for rent or payment thereof qua the defendant prior to a notice being sent for eviction.;