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2026 Supreme(Cal) 220

IN THE HIGH COURT AT CALCUTTA
OM NARAYAN RAI
Manab Choudhury – Appellant
Versus
Mira Mullick – Respondent


Advocates Appeared:
For the Petitioner: Mr. Shounak Bhattacharya, Adv., Mr. Kaushik Banerjee, Adv., Ms. R. Sen, Adv., Mr. Rajashri Banerjee, Adv.
For the Respondent: Mr. Anirban Roy, Adv., Mr. S. Sarkar, Adv., Mr. Debjit Basu, Adv.

JUDGMENT :

OM NARAYAN RAI, J.

1. Since these two applications under Article 227 of the Constitution of India assail two interlocutory orders passed in the same suit (i.e. Ejectment Suit No. 308 of 2025) instituted by the opposite party against the petitioner, therefore, the same have been heard together and are being disposed of by a common order.

2. CO 369 of 2026 is directed against an order dated January 16, 2026 passed by the learned Chief Judge, Presidency Small Causes Court at Calcutta in Ejectment Suit No. 308 of 2025 whereby an application under Section 151 of the Code of Civil Procedure, 1908 (hereafter “the Code”) filed by the petitioner has been rejected. By the said order the Learned Trial Court has also struck out the petitioner’s defence by invoking the provisions of Section 7(3) of the West Bengal Premises Tenancy Act, 1997 (hereafter “the 1997 Act”) upon observing that the petitioner’s application under Section 7(2) of the 1997 Act was no longer maintainable as the petitioner had failed to comply with the requirements of Section 7(1) thereof.

3. CO 1048 of 2026 is directed against an order dated February 23, 2026 passed by the learned Judge, 3rd Bench, Presidency Small

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