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2025 Supreme(Online)(Cal) 3901

CALCUTTA HIGH COURT
DR. AJOY KUMAR MUKHERJEE, J
MONOJIT DAS – Appellant
Versus
SUKUMAR TA – Respondent


Advocates:
For the Appellants/Petitioners: Angshuman Chakraborty, Shivaji Mitra
For the Respondents: Amitabha Ghosh, Nabanita Chatterjee

1. This application under Article 227 of the Constitution of India is at the instance of the tenant/defendant/petitioner herein and is directed against order no.90 dated August 20, 2024, passed by the learned Civil Judge (Junior Division), 1st Court at Serampore, Hooghly, in Title Suit No.211 of 2019.

2. The petitioner is a tenant under the opposite party in respect of the suit premises and the opposite party herein as plaintiff filed the aforesaid suit praying for eviction of the petitioner/defendant from the suit premises on the ground of default in payment of rent, reasonable requirement of the landlord and the damage caused by the tenant. The plaintiff/opposite party, in his plaint, alleged that the petitioner/defendant made default in payment of rent since October, 2000 and an arrear amount of rent of Rs.78,768/- has fallen due as on May, 2019.

3. The defendant/petitioner herein is contesting the said suit by filing his written statement. The defendant’s contention is that he has paid all the rent since inception of tenancy and the plaintiff did not issue rent receipts for five months from October, 2000 to February, 2021. Thereafter, finding no other alternative, the petitioner

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