JUDGMENT :

Krishna Rao, J.

1. The plaintiff has filed Civil Suit No. 173 of 2021 against the defendant for eviction, recovery of possession and for mesne profit. In the suit, the defendant has filed the present application being G.A No. 1 of 2022 for dismissal of the suit or in the alternative, the plaintiff of the suit be taken off the file.

2. The defendant has filed the present application on the following grounds:

a. The tenancy of the defendant is governed under the West Bengal Premises Tenancy Act,1997 and the suit is not maintainable before this Court;

b. The plaintiff has shown the value of the suit overvalued in order to invoke the jurisdiction of this Court by assessing the mesne profit @ Rs.200/- per sq.ft. which is absurd and imaginary.

3. Mr. Rupak Ghosh, learned Advocate representing the defendant submitted that the monthly rent of the suit schedule premises is Rs. 9,923/- per month and the Municipal Taxes payable by the defendant is Rs. 6,003/- thus the plaintiff cannot file the suit for eviction of the defendant before this Court.

4. Mr. Ghosh submitted that the plaintiff has assessed the mesne profit at the rate of Rs. 200/- per sq. ft. per month is absurd and imaginary