SRI NIMAI MAYRA Vs. SRI PRADIP KUMAR SARKAR

JUDGEMENT

(1.) The Petitioner is the Defendant in T.S. 72 of 2001, pending on the file of the learned Civil Judge (Junior Division), 3rd Additional Court at Alipore. It is a suit for ejectment and damages.

(2.) Exercising his right conferred by Sec. 17(2) and (2A) of the West Bengal Premises Tenancy Act, 1956 (hereafter the WBPT Act), the Petitioner filed an application claiming determination as to whether relationship of landlord and tenant between the Plaintiff and the Defendant exists or not, and in the event of the Court finding that the relationship of landlord and tenant does exist between the parties to the suit, to determine the quantum of dues on account of rent payable by the Petitioner and to grant him easy installment for liquidating the same.

(3.) The application was opposed by the Plaintiff, opposite party herein, by filing a written objection.