RAM PRATAP BARASIA Vs. SANJOY KUMAR CHOWDHURY

JUDGEMENT

(1.) This Court has heard the learned Advocates for the respective parties.

(2.) In C.O. 2812 of 2007 the Petitioner has challenged an order whereby the learned Small Causes Court at Calcutta concerned has rejected the Petitioner's application under Section 151 Code of Civil Procedure in which the Petitioner prayed for transfer of the application under Section 26(3) of the West Bengal Premises Tenancy Act, 1997 pending before the learned Rent Controller, Calcutta to the said learned Small Causes Court at Calcutta. In the learned Small Causes Court at Calcutta concerned the Ejectment Suit No. 181 of 2003-C is pending and such ejectment suit has been filed by the landlord-Sanjay Kumar Chowdhury. It appears that the ejectment suit has been filed on various grounds including the ground of subletting. In the application under Section 26(3) of the said Act of 1997 the Petitioner has prayed for an order declaring that the interest of the tenant in the shop room concerned shall cease and that the Petitioner shall become a tenant in respect of the said shop room strictly under the landlord/opposite party. The Petitioner has also prayed for an order for fixation of the rents payable by the Petitioner to the landlords. It appears that the Petitioner made a prayer before the learned Small Causes Court at Calcutta that the said application under Section 26(3) of the said Act of 1997 which is pending before the Rent Controller Concerned should be transferred to the Court of the Small Causes Court at Calcutta concerned where the eviction suit is pending and the two proceedings should be consolidated. The learned Third Bench, Small Causes Court at Calcutta was of the view that it does not have the supervisory power over the Rent Controller, Calcutta and as such the application should be dismissed. Accordingly, the said learned Court dismissed the said application. The Petitioner has filed C.O. 2812 of 2007 against the said order of the learned Judge, Third Bench, Small Causes Court at Calcutta.

(3.) The Petitioner has also filed an application under Section 24 Code of Civil Procedure (C.O. 3090 of 2007) before this Court for transfer of the said application under Section 26(3) of the said Act of 1997 which is pending before the Rent Controller, Calcutta to the Court of the learned Judge, Third Bench, Small Causes Court at Calcutta and both the proceedings should be tagged together.