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2021 Supreme(Cal) 386

AJOY KUMAR MUKHERJEE
Abhishek Singh – Appellant
Versus
Bholanath Kundu – Respondent


Advocates Appeared:
For the Petitioner: Ms. Soma Chowdhury (Bandhu), Mr. Abhik Sarkar.
For the Opposite Party : Abhijit Ray, Shubham Gupta.

JUDGMENT :

Ajoy Kumar Mukherjee, J.

1. CAN 1 of 2019 is disposed of as no question about condonation of delay in filing the present application attracts in the present context.

2. Being aggrieved by an order dated 24.06. 2019 passed by the learned Chief Judge Small Causes Court at Calcutta in the Ejectment Suit No. 351 of 2018, present revisional application has been preferred. By the said impugned order the learned Trial Court was pleased to reject defendants petition under Sections 7(1) and 7(2) of the West Bengal Premises Tenancy Act, 1997(hereinafter referred to ‘the said Act of 1997’ in short).

3. The backdrop of the case in a nutshell is that, a suit was filed by the opposite party Bholanath Kundu as plaintiff for recovery of Khas possession damage and/or mesne profit against the petitioner/defendant claiming that plaintiff is the owner/landlord of the suit property. The defendant is a monthly tenant under the plaintiff at a rent of Rs.1600/-per month initially which according to defendant subsequently enhanced to Rs.1680/-per month in pursuance of tenancy agreement dated 01.04.2014 made by and between the parties. In the said suit for ejectment, the defendants filed written stat

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