JUDGMENT :

Biswaroop Chowdhury, J.

1. The petitioner before this court is a landlord plaintiff in a suit for eviction and is aggrieved by an order dated 06/07/2022 passed by learned Civil Judge Senior division 9th Court Alipore south 24 Parganas in Ejectment Suit 14 of 2021 allowing the prayer for addition of party filed by the applicant opposite party no2.

2. The case of the petitioner may be summed up thus;

1. The petitioner filed a suit for eviction and mesne profits and damages against the opposite party no.1 before the learned Rent Controller at Alipore, which was subsequently transferred to the learned Civil Judge, Junior Division 6th Court at Alipore being Eviction suit No.104 of 2013. The same was eventually transferred to the Civil Judge (Senior Division) 9th Court at Alipore for lack of pecuniary jurisdiction and was registered as Ejectment Suit No. 23 of 2018 and renumbered as Ejectment Suit No. 14 of 2021.

2. The Opposite party no -1 was a monthly tenant under the petitioner at a monthly rent of Rs.5500/-. The case was instituted on the ground of default in payment of rent since October 2002 and on the ground of reasonable requirement and for causing damage to the suit property.

3. The defendant/opposite party no.1 entered appearance and filed written statement through her husband, the opposite party No. 2 being her husband who was contesting the suit on her behalf.

4. The Opposite party no -1 filed an application under section 7 (1) and 7 (2) of the West Bengal Premises Tenancy Act 1997 which was contested before the Learned Trial Court. The opposite party no -2 deposed on behalf of the opposite party no -1 in the same application and it has been admitted that the opposite party no -1 is the sole tenant of the suit property. The said application was disposed by learned Trial Court on25.03.2011.

5. The opposite party no -1 being aggrieved by the order passed by learned Trial Court in section 7 (1) and 7 (2) Application of West Bengal Premises Tenancy Act 1997 moved an application under Article 227 of the Constitution of India before this Court being C. O. 2036 of 2011 and the same was dismissed by his Lordship the Hon’ble Justice Ashok Kumar Das Adhikary. However three weeks time was granted to make the entire payment.

6. On 21.12.2017 the petitioner received a letter from the opposite party no -1 herein that she has not empowered the opposite party no -2 herein to represent her in the suit and the opposite party no -2 in a fraudulent manner is representing her in the trial Court below.

7. The husband of the opposite party no -1 filed an application under Order 1 Rule10 (2) read with section 151 of the code of civil procedure for impleading himself as a defendant in the said suit. The said application was heard on affidavits and allowed.

8. The petitioner being aggrieved by the order dated 06/07/2022 passed by Learned Civil Judge (Senior division) 9th Court Alipore South 24 Parganas in Ejectment Suit 14 of 2021, has come up with the instant application.

3. It is the contention of the petitioner that the learned Judge erred in not considering that the opposite party no -2 does not have any independent right of tenancy over the suit property. It is further contended that the learned Trial Court erred in law by not considering that it is the admission of the opposite party no -2 that the opposite party no -1 is the tenant in respect of the suit property. It is also contended that the learned trial court erred by not considering that there is no concept of benami tenancy.

4. Pursuant to filing of this application notice was issued upon the opposite parties. Opposite party no -2 entered appearance and contested the application but opposite party no -1 did not appear in spite of service of notice.

5. Heard learned advocate for the petitioner and learned advocate for the opposite party no – 2. Perused the petition filed and materials on record.

6. Learned advocate for the petitioner submits that the learned Trial Judge erred in adding o