SRILEKHA SENGUPTA Vs. DIPAK CHOWDHURY

JUDGEMENT

(1.) This application is at the instance of thetenant and is directed against the order dated July 5, 2010 passed by the learned Additional Rent Controller, Calcutta in A.R.C. No. 5 of 1997 (Eviction) thereby allowing an application under Order 6 Rule 17 of the Code of Code of Civil Procedure

(2.) The short fact is that the father of the opposite party filed a suit for eviction against the Petitioner and that suit was compromised in 1990 on transfer of the tenancy of the Petitioner from the second floor to the mezzanine floor. The learned Additional Rent Controller delivered a judgment on November 11, 1999 dismissing the application for eviction. Then one revisional application was preferred being C.O. No. 345 of 2000 which was disposed of by Hon'ble Mr. Justice Tapas Kumar Giri (as His Lordship then was) by an order dated September 16, 2008. By the said order, the Hon'ble Mr. Justice Giri remanded the matter to the learned Additional Rent Controller, Calcutta for a fresh decision on the basis of the subsequent facts, as stated in the supplementary affidavit. On that basis, the opposite party/landlord filed an application for amendment of his application which was allowed by the impugned order. Being aggrieved, the tenant has preferred this application.

(3.) Upon hearing the learned Counsel of both the parties and on perusal of the materials on record, I find that the opposite party instituted the application for eviction under Section 29B of the West Bengal Premises Tenancy Act, 1956. That application was dismissed by the learned Additional Rent Controller, Calcutta. Then the landlord preferred a revisional application which was allowed setting aside the order of dismissal of the application with liberty to incorporate subsequent facts in the application for eviction. Accordingly, the application for amendment of the application was filed which was allowed by the impugned order. Thus, I find that the landlord has incorporate the subsequent facts in the said suit in order to solve the dispute between the parties finally.