SMT. SUPRIYA SARKAR Vs. RANJIT KUMAR SINHA

JUDGEMENT

(1.) This revisional application under Art. 227 of the Constitution of India is at the instance of a plaintiff in a suit for eviction and is directed against order dated Feb. 12, 1993 passed by the learned Additional District Judge, 1st Court, Nadia in Civil Revision Case No. 84 of 1992 thereby setting aside order No. 55 dated April 2, 1992 passed by the learned Munsif, Additional Court, Ranaghat in Title Suit No. 78 of 1990.

(2.) The petitioner filed the aforesaid suit being Title Suit No. 78 of 1990 for eviction of the opposite party by treating the opposite party as tenant governed under the West Bengal Premises Tenancy Act.

(3.) After entering appearance in the said suit the opposite party filed an application under Sec. 17(2) of the West Bengal Premises Tenancy Act thereby disputing the relationship of landlord and tenant between the parties and the defence of the opposite party was that he was inducted by one Pravabhati Debi, a co-sharer of the property and had been paying rent to her. The further case of the opposite party is that neither the vendors of the petitioner nor the petitioner herself ever realised rent from the opposite party.