MD.ABDUL GHANI,J. - (1.) THE present application under Article 227 of the Constitution of India is at the instance of the defendant-petitioner Shri Sankar Chandra Majumder and is directed against the order dated 10.6.2009, passed by Shri J.C. Chatterjee, learned Additional District Judge, Barrackpore, 24-Parganas (North) in Title Appeal No. 36 of 2007.
(2.) HAVING heard the learned counsels for the parties concerned and also after going through the materials on record it could be detected that the O.P. Smt. Maya Rani Sur @ Maya Devi Sur by instituting Title Suit No. 260 of 2002 prayed for khas possession of the suit premises by evicting the defendant petitioner therefrom. The said title suit was, however, decreed on contest on 30.7.07 by the learned Civil Judge (Junior Division), 4th Court, Sealdah. The aggrieved defendant petitioner preferred an appeal against the judgment and order dated 30.7.2007 and during pendency of the appeal the present petitioner by filing an application under Order 6 Rule 17 of the Code of Civil Procedure (in short the CPC) sought for certain amendment to this effect that the tenancy of the defendant/petitioner in respect of suit properties is guided by the West Bengal Premises Tenancy Act, 1956 and accordingly he is entitled to have notice under Section 13(6) of the West Bengal Premises Tenancy Act, 1956. It would be manifest from the record that the learned Additional District Judge, Barrackpore upon hearing the learned counsels for the parties concerned and also giving due regard to the facts and circumstances of the case was pleased to refuse the amendment application by passing the impugned order.
(3.) BEING aggrieved by and dissatisfied with the impugned order the present petitioner-defendant has come up before this Court praying for setting aside the same and for obtaining the redress as sought for in the amendment application referred to above.;