Biswajit Basu,J. - (1.) The petitioner by the present revisional application under Article 227 of the Constitution of India has assailed the order no. 28 dated November 16, 2018 passed by the learned Civil Judge (Junior Division), 4th Court at Alipore in Ejectment Suit No. 16 of 2015 whereby the prayer of the petitioner for being added in the suit has been refused by the learned Trial Judge.
(2.) Mr. Saha, learned senior advocate appearing on behalf of the petitioner submits that the learned Trial Judge has dismissed the application filed by the petitioner under Order 1 Rule 10 of the Code of Civil Procedure on the ground that the petitioner has not disclosed his status in the said application by completely overlooking the averment of the plaint that the plaintiffs in the plaint have specifically alleged that the defendant no. 1 without obtaining written consent and/or permission from the plaintiffs have inducted the petitioner in the suit property. He, therefore, submits that the possession and status of the petitioner in respect of the suit property as sub-tenant is an admitted position, the learned Trial Judge, therefore, has committed error in refusing the prayer of the petitioner on the said ground.
(3.) He further submits that the petitioner is a lawful sub-tenant as the said sub-tenancy has been created in accordance with the provisions of sub- section 5 of Section 5 of the West Bengal Premises Tenancy Act, 1997 and the petitioner is in possession of the suit property being a lawful sub-tenant since 1972.;