JUDGMENT :

1. This is an application under Article 227 of the Constitution of India against the order dated 7th October, 2021 passed by the learned Civil Judge (Senior Division), 3rd Court at Barasat in Title Suit No.498 of 2020. By the impugned order, the learned Trial Court rejected the defendant’s challenge about maintainability of the suit with cost of Rs.500/-.

2. The petitioner’s case is that the plaintiff/respondent filed the instant suit, being Title Suit No.498 of 2020, for a decree of eviction and recovery of Khas possession of the two properties mentioned in Schedule-A and Schedule-B to the plaint against self-same defendant. The defendant/petitioner appeared in the suit and filed an application challenging the maintainability of the subject matter of the suit, where plaintiff filed written objection. The defendant also filed written statement subsequently. Learned Trial Court had taken up the application for maintainability filed by the defendant/petitioner on 7th October, 2021 and was pleased to reject the contention of the defendant/petitioner as above.

3. Mr. Rajib Mukherjee, learned counsel appearing on behalf of the petitioner submits that it is settled law that if an