HIRALAL SHAW Vs. GANGA SHAW

JUDGEMENT

(1.) Leave granted. Heard Mr. Kashinath De, learned counsel for the appellant and Mr. Abhijit Sen Gupta, learned counsel for the respondent.

(2.) The appellant instituted Ejectment Suit No.61 of 2003 before the Rent Controller at Kolkata for eviction of the legal heirs of the original tenant, Mr. Govind Shaw. As claimed by the learned counsel for the appellant, the respondents ceased to be the tenants after expiry of five years from the commencement of the West Bengal Premises Tenancy Act, 1997 (for short, 'the Act') in view of Section 2(g) of the Act. Be it stated, the Act came into force with effect from 10th July, 2001.

(3.) The suit was filed for eviction on many a ground. Though the evidence was recorded by the Small Causes Court, the plaintiff realizing that the suit would not be maintainable for eviction as the respondents had ceased seized to be the tenants in law as per Section 2(g) of the Act, he filed an application No.803/13 before the High Court of Calcutta under Section 24(5) of the Code of Civil Procedure seeking transfer of the case to the regular court on the foundation that the respondents were not more tenants and hence, the regular civil court would have jurisdiction. The High Court referred to certain decisions which pertain to vested rights of tenants but did not record a finding. However, the conclusion recorded by the High Court reads as follows :