JUDGMENT :

Ajoy Kumar Mukherjee, J.

1. Petitioner herein preferred this application under article 227 of the Constitution of Indian challenging order no. 13 dated 19.03.2019 passed by the learned Judge, 2nd Bench, Presidency Small Cause Court (in short PSC Court) at Calcutta in Ejectment Suit No. 190 of 2018. The opposite parties being the landlords instituted aforesaid suit for eviction of the defendant /petitioner from the suit premises. The petitioner herein as defendant /tenant appeared in the said suit after receipt of summon and filed an application under order VII Rule 10 of the Code of Civil Procedure (CPC) for return of the plaint.

2. In the said application, petitioner contended that the PSC Court has no inherent jurisdiction to try the said ejectment suit for the following reasons:-

(i) Section 6 of the West Bengal Premises Tenancy Act 1997(Act of 1997) clearly stipulates that the “Civil Judge having jurisdiction” is only competent to try suit for eviction brought under the Act.

(ii) The PSC Court is to exercise jurisdiction within the local limits of the ordinary original jurisdiction of the High Court under section 17 and the inherent jurisdiction of the said PSC Court have