MANIKYARAM CHATUSPATI Vs. SHRIMATI SIKHA DEV

JUDGEMENT

(1.) These two applications are at the instance of the plaintiff and are directed against the order no.39 dated March 1, 2008 and order no.50 dated August 13, 2008 both passed by the learned Civil Judge (Junior Division), First Court, at Midnapore in Title Suit No.172 of 2005.

(2.) Since both the applications are related to the same matter as to payment arrears of rent and they are inter-related, both the applications are taken up together for hearing and they are disposed of by this common judgment.

(3.) For convenience, I am taking up the C.O. No.3119 of 2008. The plaintiff/petitioner herein has challenged the order passed on the application under Section 7(2) of the West Bengal Premises Tenancy Act, 1997. By the impugned order, the learned Trial Judge has observed that the defendant is not a defaulter in respect of payment of rent till date. Being aggrieved by the said order, this application has been preferred.