Biswajit Basu - (1.) The revisional application under Article 227 of the Constitution of India is at the instance of the tenant/defendant in suit for recovery of possession under the provisions of Section 6 of the West Bengal Premises Tenancy Act, 1997 (hereinafter referred to as 'the said Act' in short) and is directed against the Order No.18 dated July 13, 2018 passed by the First Court of learned Civil Judge (Junior Division), Howrah in Title Suit No. 143 of 2010.
(2.) The learned Trial Judge by the order impugned in the present revisional application dismissed an application filed by the defendant/tenant under Section 7(2) of the said Act, holding that the dispute raised in the said application as to the existence of relationship of landlord and tenant between the plaintiffs and defendant is sham and has also struck out the defence of the petitioner against delivery of possession for non-compliance of the provision of Section 7(1) of the said Act.
(3.) It is now settled that in a suit for eviction under Section 6 of the said Act a dispute can be raised by the defendant by filing an application under Section 7(2) of the said Act that there exists no relationship of landlord and tenant between the plaintiff and the defendant but in order to bring the said 'dispute' within the sweep of Section 7(2) of the said Act the dispute must not be sham. In other words the said dispute must be a bona fide dispute. It is equally settled that the investigation as to the genuinity or correctness of the said 'dispute' is fact specific.;