SK ABDUL SUKUR Vs. BASRA KHATUN

JUDGEMENT

(1.) These two applications have been filed by the plaintiff and the defendant separately against the order no.59 dated August 26, 2009 passed by the learned Civil Judge (Junior Division), Fourth Court, Howrah in Title Suit No.260 of 2005 thereby disposing of an application under Section 7(2) of the West Bengal Premises Tenancy Act, 1997.

(2.) Since both the parties are aggrieved by the said common order, these two applications are disposed of by this common judgment.

(3.) The opposite party instituted a suit for eviction, khas possession and mesne profits against the petitioner. According to the plaint case, the defendant was inducted as a tenant under the plaintiff in respect of one shop room at Mouza Bankra, Dag No.336 under P.S. Domjur, District : Howrah at a rental of Rs.150/- per month according to English calendar month. The defendant defaulted in making payment of rent since October, 1992. Moreover, he has been using the said tenanted premises for commercial purposes. The plaintiff requires the suit premises for her use and occupation. The defendant appeared in the suit and filed a written statement. He also filed an application under Section 7(2) of the West Bengal Premises Tenancy Act, 1997 raising the dispute of landlady and tenant between the parties and contended that his wife Jamila Khatoon was the tenant in the suit premises and she was inducted by one, Sk. Faruk, husband of the plaintiff, more than 40 years ago at a monthly rental of Rs.30/- per month. That application was disposed of by the impugned order. Being aggrieved, the defendant has preferred this application.