JUDGMENT :

Biswaroop Chowdhury, J.

1. The petitioner before this Court is the Landlord Plaintiff in a suit for eviction and is aggrieved by the order dated 06-02-2018 passed in Ej – 407 of 2017 by Learned Chief Judge Presidency Small Causes Court Calcutta, allowing the application filed under Section 7(1) of the West Bengal Premises Tenancy Act 1997.

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

1. One M/S Seth Misree Lal Raidani, proprietor, Ashok Kumar Raidani instituted an ejectment suit being Ejectment Suit No – 407/2017 in Presidency Small Causes Court Calcutta against the respondent/defendant who is a tenant in respect of one room no. 27 located on the ground floor at premises no. 6 A Temple street, P.S. Bowbazar Kolkata – 700072 at a monthly rental of Rs. 501/- according to English Calender month.

2. During the pendency of the said Ejectment Suit No. 407 of 2017 the original plaintiff Ashok Kumar Raidani died on 18th July 2021.

3. After the demise of original Plaintiff right to sue survived with the legal heirs of the deceased and as such the petitioners filed an application under Order 22 Rule 3 read with Section 151 of the Code of Civil Procedure 1908 and the