ORDER :- This Rule raises the question of the procedure to be adopted in the Calcutta Court of Small Causes in cases where landlords have obtained orders for recovery of possession of premises from their tenants and on seeking to carry out the orders are opposed by sub-tenants alleging that he had some right under the new West Bengal Premises Rent Control (Temporary Provisions) Act.

2. In previous cases disposed of by me the facts were that the tenants had applied to the Court even before the landlord had sought through Court to obtain possession of the premises, and I have pointed out that such applications are premature. I have also pointed out that in my opinion the sub-tenant has a remedy under the provisions of O.21, R.97 to R.100, Civil P.C. which are made applicable to these proceedings of the Calcutta Court of Small Causes under S.49 (sic), Calcutta Small Causes Court Act.

3. In the present case, the landlord had obtained possession of some of the premises in pursuance of his order against his tenant but in respect of one room and kitchen held by opposite party 2 he was resisted by opposite party 2 and did not obtain possession. Opposite party 2 then went to Court and stated

Click Here to Read the rest of this document