GAJADHAR PROSAD SHAU Vs. SAMBHUNATH RAM

JUDGEMENT

(1.) This application is at the instance of the Plaintiffs and is directed against the Order No. 43 dated September 26, 2007 passed by the learned Civil Judge (Junior Division), 2nd Court, Burdwan in Title Suit No. 112 of 2006.

(2.) The short fact is that the Petitioners instituted an application under Section 6(1)(b) and (d) of the West Bengal Premises Tenancy Act, 1997 for recovery of possession of the suit premises as described in the Schedule of the application against the opposite party and the said application was treated as Title Suit No. 112 of 2006 subsequently.

(3.) The Plaintiffs have contended that they became the owners of the property as described in Schedule 'A' and the property as described in Schedule 'B' which is part of the Schedule 'A' property was let out in favor of the Defendant / opposite party at a monthly rent of Rs. 43/- payable according to English Calendar Month. The Plaintiffs have also contended that they got the property absolutely in view of a partition amongst the co-sharers and such fact was duly intimated to the Defendant in the prior suit being Title Suit No. 61 of 1983. The earlier suit was decreed by the learned Trial Judge and the first appeal preferred by the Defendant was allowed setting aside the decree. Then, the second appeal was preferred which was dismissed on August 14, 2011 on the ground that the benefit of Section 17(4) of the West Bengal Premises Tenancy Act, 1956 was given to the tenant. Subsequently, the Petitioners filed the said suit being Title Suit No. 112 of 2006 on the ground of second default and for own use and occupation of the landlords. In that suit, the Defendant / opposite party entered an appearance and filed an application under Section 7(2) of the West Bengal Premises Tenancy Act, 1997 contending inter alia, that he has been depositing the rent with the Trial Court where the Title Suit No. 61 of 1983 was instituted up to Poush of 1411 B.S. to the credit of the Petitioner No. 1 and his brother and he prayed for allowing deposit of rent before the Court where the present suit has been instituted.