SANKAR BASU Vs. PRABIR GHOSH

JUDGEMENT

(1.) This revisional application under Article 227 of the Constitution of India is at the instance of the tenant/defendant in a suit for eviction and is directed against the order dated May 20, 1999 passed by the Additional District Judge, Second Court at Alipore, in C.R. No. 135 of 1998 thereby affirming the order dated March 2, 1998 passed by the learned Civil Judge (Senior Division), 9th Court at Alipore in T.S. No. 57 of 1995 rejecting the application for return of the plaint for presentation before the appropriate forum.\

(2.) There is no dispute that the opposite party filed a suit for eviction of the present petitioner on the allegation that he was a tenant in respect of the suit property at a monthly rental of Rs. 1,000/- payable according to English Calendar month.

(3.) While valuing the aforesaid suit, the opposite party had stated that the same was equivalent to 12 months rent for ejectment and a further sum of Rs. 19,000/- for damages for wrongful occupation of the suit premises from August 1, 1995 till recovery of khas possession.