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2010 Supreme(Cal) 862

KANCHAN CHAKRABORTY
Prem Chand Roy – Appellant
Versus
Binoy Bhattacharjee – Respondent


Advocates:
Advocate Appeared:
M.K.Biswas

JUDGMENT

1. MR. Biswas, learned Counsel for the petitioner files affidavit-of-service together with the notice as well as the envelope containing acknowledgement due card bearing endorsement "not claimed" by the postal department.

2. NONE appears on behalf of the opposite parties. This revisional application has been filed by the petitioner Prem Chand Roy praying for setting aside the Order dated 12th July, 2006 passed by the learned Civil Judge, Junior Division, Barrackpur in Title Suit No. 198 of 2004.

3. THE plaintiff/petitioner filed a suit for ejectment, arrears of rent, damages and recovery of khas possession against the opposite parties. THE said suit was registered as Title Suit No. 198 of 2004 in the Court of learned Civil Judge, Junior Division, Barrackpur.

4. THE opposite party No.1 is the tenant and opposite party No.2 is a sub- tenant. THE petitioner served notice to quit upon the opposite parties under section 13(6) of the West Bengal Premises Tenancy Act read with section 106 of the T.P. Act. Since the opposite parties did not vacate, the suit premises and defaulted in payment of rent, he filed the abovementioned suit. In usual course, summons were issued and sent to












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