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2023 Supreme(Cal) 369

BISWAROOP CHOWDHURY
Jugal Kisor Das Naskar – Appellant
Versus
Dilip Das – Respondent


Advocates Appeared:
For the Petitioner: Mr. Chiranjib Sinha, Mr. Dyutiman Banerjee, Mr. Sohini Chakrbaorty.
For the Opposite Parties : Mr. Prajaaini Das.

JUDGMENT :

Biswaroop Chowdhury, J.

1. The petitioner before this Court is a plaintiff in an Ejectment Suit in the learned Court below and is aggrieved by an order dated 18-06-2022 passed by Learned Civil Judge Senior Division 3rd Court Alipore in Ejectment Suit No. 26 of 2021 in directing the petition under Section 7(1) and 7(2) of the West Bengal Premises Tenancy Act 1997 for consideration along with the preliminary issue of the suit. The petitioner being aggrieved by the said order has come up with the instant application.

2. The case of the plaintiff/petitioner may be summed up thus :

    1. The petitioner has filed a suit for eviction and damages against the opposite parties before the Learned Civil Judge (Senior Division) 3rd Court at Alipore and the same has been registered as ejectment suit No. 26 of 2021.

2. The ground for ejectment in the suit is that the father of the opposite parties died on 25-03-2010, leaving behind his wife and the opposite parties. The opposite parties therefore became the joint tenants in respect of the suit property as the mother of the opposite parties relinquished her right of tenancy. The mother of the petitioner also died and the petitioner become the s

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