( 1 ) THIS is an application under Article 227 of the Constitution of India against judgement and order dated January 20, 2006 passed by the learned District judge, District: South 24 Parganas in Civil Revision Case No. 3 of 2006 affirming the order dated January 12,2006 passed by the learned Civil Judge (Junior Division), Second Court at Alipore, District: South 24 Parganas in Title suit No. 231 of 2004.

( 2 ) BOTH the Courts below concurrently rejected an application filed by the defendant No 6/petitioner under Order 7, Rule 11 of the Code of Civil procedure praying for rejection of the plaint.

( 3 ) FOLLOWING facts are relevant to deal with this application under Article 227 of the Constitution of India: (a) Admittedly. Asit Kumar Ghosh, since deceased, was the original landlord of 23a, Asutosh Chowdhury Avenue, previously known as 23a,old baliygunge Road, Kolkata. (b) Asit Kumar Ghosh inducted Moolji Sicca and Company, a partnership firm, as a tenant at a monthly rental of Rs. 1001/- payable according to English calendar. (c) Asit Kumar Ghosh instituted Title Suit No. 54 of 1972 in the Court of the learned Subordinate Judge, Second Court at Alipore on July 31, 1972 against th

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