MAHARSHI COMMERCE LIMITED Vs. KHAITAN INDIA LIMITED

JUDGEMENT

(1.) The plaintiff claims eviction under Chapter Xlll-A of the Rules on the Original Side of this Court in respect of a property at Poddar Court in Chitpur within jurisdiction. It is not in dispute that subsequent to a recent enhancement the monthly rent payable in respect of the premises in question takes it beyond the pale of the West Bengal Premises Tenancy Act, 1997. THE notice under Section 106 of the Transfer of Property Act, 1882 was Issued on August 8,2008. THE notice specified that the tenancy stood terminated with effect from August 24, 2007 and required the defendant to make over possession of the premises "before 23.08.07."

(2.) The suit was instituted in the City Civil Court on November 30, 2007 and has been transferred to this Court pursuant to an order of July 28, 2008. That order noticed that the defendant had instituted a suit in this Court claiming a declaration as to its tenancy and injunction restraining the landlord from evicting it. Since it was felt that the matters in issue in the two suits would be closely connected, the order for transfer of this plaintiff's suit was made.

(3.) As to the technical ground that the substance of Chapter XIII-A of the Rules on the Original side of this Court cannot be applied to a suit that is transferred from a subordinate Court, the plaintiff refers to a judgment SHREE SHREE GOPAL JEW v. JUMBO TRADERS PRIVATE LIMITED, 2007 1 CalHN 237. In view of the Division Bench judgment and the principle of law recognized therein, the defendant does not urge the ground any further.