KALLU BABU LALCHAND Vs. LALMUNI DEVI KHARWAR

JUDGEMENT

(1.) This application is at the instance of the plaintiff and is directed against the order no.18 dated August 28, 2008 passed by the learned Judge, Sixth Bench, Small Causes Court, Calcutta in Ejectment Suit No.57 of 2007 thereby disposing of an application under Section 7(2) of the West Bengal Premises Tenancy Act, 1997.

(2.) The plaintiff instituted the said suit for ejectment and recovery of possession on the ground of default. He is a member of Hindu undivided family. The defendant / opposite party is contesting the said suit. He filed an application under Section 7(2) of the West Bengal Premises Tenancy Act, 1997. The plaintiff contended that the rents deposited by the defendant is in the personal name of the Kallu Babu Lalchand and as such the deposits are invalid. So, the orders impugned relating to disposal of application under Section 7(2) of the West Bengal Premises Tenancy Act, 1997 should be sustained. Being aggrieved by the order on the said petition, this application has been preferred.

(3.) Now, the question is whether the impugned order should be sustained.