DILIP KUMAR SHAW Vs. SUKUMAR MAITY

JUDGEMENT

(1.) THIS application is at the instance of the defendant/tenant and is directed against the order dated July 10, 2009 passed by the learned Civil Judge (Junior Division), Sixth Court, Alipore in Rent Control Case No.37 of 2005 thereby rejecting an application filed by the defendant for dismissing the suit on the ground of being not maintainable.

(2.) THE short fact is that the plaintiffs/opposite parties filed an application under Section 6 of the West Bengal Premises Tenancy Act, 1997 for eviction of the petitioner herein on the ground of default, sub-letting, reasonable requirement, etc. In that suit, the defendant/petitioner filed an application raising the question of maintainability of the suit. That application was rejected by the order impugned. Being aggrieved, this application has been preferred.

(3.) THIS being the position, in view of the provision relating to the disputes between a thika tenant and his Bharatia, so far as the eviction proceeding is concerned, the same shall be guided by the provisions of the West Bengal Premises Tenancy Act, 1997. In fact, an application under Section 6 of the West Bengal Premises Tenancy Act, 1997 has been filed for eviction against the petitioner before the additional rent controller at Alipore. The learned Additional Rent Controller at Alipore is included within the definition of controller for compliance of the provisions of the said Act. THIS being the position, so far as the eviction proceeding between a thika tenant and his Bharatia is concerned, the application has been rightly filed before the additional controller at Alipore. In that case, the thika tenant shall be treated as landlord and the Bharatia shall be treated as tenant and this is being followed in the said proceeding.