JUDGMENT :

Biswaroop Chowdhury, J.

1.The Appellant before this Court was a defendant before Trial Court in a suit for eviction and respondent in Title Appeal where the Order Passed under Order 7 Rule 11 of the Code of Civil Procedure by the Learned Trial Court was assailed by the plaintiff. The Appellant being aggrieved by the Order passed by Learned Civil Judge Senior Division Small Causes Court at Sealdah in Ejectment Appeal No-2 of 2016 arising out of Ejectment Suit no-91 of 2014 in which the order of dismissal of suit under Order 7 Rule 11 of the Code of Civil Procedure passed by Learned Trial Court was reversed and the matter remitted to Learned Trial Court to decide the suit on merits has come up with the instant appeal.

2. The Original plaintiff Pravabati Devi instituted Ejectment Suit against the appellant Puran Shaw under Section 6 of West Bengal Premises Tenancy Act 1999 for ejectment.

3. An application was filed by the appellant/defendant challenging the maintainability of the suit under Section 8(3) and Section 21 of West Bengal Thika Tenancy (Acquisition and Regulation) Act 2001.

4. Learned Trial Judge upon considering the pleadings made in paragraph 1 of the plaint where t