Tarak Chakraborty vs Naryana Chandra Dutta

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Cal) 1596

IN THE HIGH COURT AT CALCUTTA
AJOY KUMAR MUKHERJEE
Tarak Chakraborty – Appellant
Versus
Naryana Chandra Dutta – Respondent

Advocates Appeared:
For the Petitioner: Dr. Pabitra Paul Chowdhury Mr. Ratan Banik Mr. Saptarshi Banik Mr. Debangshu Modak
For the Respondent: Mrs. Kakali Bose Mr. Akhil Biswas Ms. Neha Sahani Mr. Koushik Ghosh

Judgment :

Ajoy Kumar Mukherjee , J.

1. This Application under Article 227 of the Constitution of India has been directed against order no. 34 dated 15th January 2024 passed by learned Civil Judge (Senior Division), Siliguri in Title Suit. no. 93 of 2018. By the impugned order learned court below rejected petitioners application under section 7 of the West Bengal Premises Tenancy Act, 1997 (in short Act of 1997).

2. The petitioner’s contention is that opposite party/plaintiff filed aforesaid Title Suit no. 93 of 2018 praying for decree of recovery of khas possession of the suit premises after evicting the petitioner herein/defendant. The petitioner further submits that he is a chronic myloid leukemia patient and he reposed entire faith on his erstwhile learned counsel one Mr. Dutta Joardar and entered appearance in the suit to defend himself on 27.11.2019. Thereafter, on 02.12.2021, due to non appearance of the said advocate of the petitioner, the case was posted for ex-parte hearing. Subsequently on the basis of a prayer made by the petitioner said order got vacated and suit was again posted for contested hearing.

3. On 16.10.2023 during examination of the petitioner/defendant as DW-1