IN THE HIGH COURT AT CALCUTTA Civil Revisional Jurisdiction Appellate Side Present:

The Hon’ble Justice Shampa Dutt (Paul)

CO 4056 of 2024 Mr. Nitin Patel Vs Mr. Susanta Sen For the Petitioner : Mr. Suvadeep Sen, Ms. Sucheta Das.

For the Plaintiff / : Mr. Shuvasish Sengupta, Opposite Party Mr. Ankit Dey.

Hearing concluded on : 19.02.2025 Judgment on : 07.03.2025 SHAMPA DUTT (PAUL), J. :

1. The present revision has been preferred against order no. 22 dated September 19, 2024, passed by the learned Civil Judge (Senior Division), 2nd Court, Alipore in Title Suit No. 1223 of 2021.

2. It is the case of the defendant/petitioner that he is a tenant in respect of the suit premises. The suit before the Trial Court is a suit for eviction and recovery of Khas possession of the suit premises. Petitioner states that the prayer of the plaintiff seeking deletion of the words "under section 6(4) of the West Bengal Premises Tenancy Act, 1997" in paragraph 5 of the original plaint, by way of an application under Order 6 Rule 17 CPC was allowed by the Learned trial Court by an order dated December 13, 2022.

3. It is the case of the defendant/petitioner herein that the original tenant was the father of the