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2017 Supreme(Cal) 808

ASHIS KUMAR CHAKRABORTY
Anwar Hussain – Appellant
Versus
Raja Mohammed Amin – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Kushal Chatterjee
For the Respondent: Mr. Hiranmoy Bhattacharya, Mr. Rajdeep Bhattacharya, Mr. S. Siddique, Mr. M.I.A. Lodhi

JUDGMENT :

Ashis Kumar Chakraborty, J.

This revisional application, at the instance of the defendant no.5 in the ejectment suit is directed against two orders, being order no.13 dated November 17, 2016 and order no. 15 dated February 14, 2017, respectively passed by the learned Judge, 5th Bench, Small Causes Court at Calcutta in Ejectment Suit No.345 of 2015.

2. By the first impugned order dated November 17, 2016 the learned Court below rejected the application filed by the present petitioner and the defendant no.4 under Section 7 (2) of the West Bengal Premises Tenancy Act, 1997 (hereinafter referred to "the Act of 1997"). By the second impugned order dated February 14, 2017 the learned Court below rejected the application filed by the petitioner and the defendant no. 4 under section 151 of the Code of Civil Procedure, 1908 (in short "the Code"), together with an application under Section 5 of the Limitation Act.

3. The brief facts giving rise to the present revisional application are that the plaintiff opposite parties have filed the suit, for eviction of the petitioner and the proforma opposite party nos.1 to 4 from shop no. 3 on the ground floor of premises no. 22, Madan Mohan Burm











































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