IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION APPELLATE SIDE Before:

The Hon’ble Justice Hiranmay Bhattacharyya C.O. 359 of 2025 With CAN 1 of 2025 Khaitan Consultants Ltd.

VS.

Daimanti Devi & Anr.

For the Petitioner : Mr. Mainak Bose….Sr. Adv.

Mr. Khushi Gupta ….. advocates For the Opposite Party : Mr. Sandipan Das …. advocate Heard on : 25.06.2025 & 02.07.2025 Judgment on : 02.07.2025 Hiranmay Bhattacharyya, J.:-

1. This application under Article 227 of the Constitution of India is at the instance of the plaintiff and is directed against an order being No. 143 dated January 14, 2025 passed by the learned Civil Judge 5^th Bench, Presidency Small Causes Court at Calcutta in Ejectment Suit no. 121 of 2003 E.

2. By the order impugned the application under Section 151 of the Code of Civil Procedure filed by the petitioner seeking a direction upon the opposite parties to make payment of occupation charges stood rejected.

3. Petitioner herein filed a suit for eviction on the grounds referred to under various clauses of Subsection 1 of Section 6 of the West Bengal Premises Tenancy Act, 1997 (for short “1997 Act”). The petitioner filed an application under Section 151 of the Code of