SURANJAN GURIA Vs. BIBI RANI JENA

JUDGEMENT

(1.) CHALLENGE is to the Order No.17 dated January 18, 2011 passed by the learned Civil Judge (Junior Division), 1st Court, Contai in Other Suit No.504 of 2009 thereby allowing an application under Section 7(3) of the West Bengal Premises Tenancy Act, 1997.

(2.) THE plaintiff / opposite party herein instituted a suit being Other Suit No.504 of 2009 against the petitioner and other opposite parties for eviction, damages, mesne profits and other reliefs on the ground of, inter alia, default, reasonable requirement etc. before the learned Civil Judge (Junior Division), 1st Court, Contai. THE defendant / petitioner herein is contesting the said suit by filing a written statement controverting the material allegations contained in the plaint. THE plaintiff / opposite party filed an application under Section 7(3) of the West Bengal Premises Tenancy Act, 1997 praying for striking out the defence against delivery of possession on the ground that the defendants failed to comply with the provisions of Section 7(2) of the West Bengal Premises Tenancy Act, 1997. That application was heard by the learned Trial Judge and the same was allowed striking out the defence against delivery of possession. Being aggrieved, this application has been preferred by the defendant no.1 / petitioner herein.

(3.) AS regards the quantum of rent, Mr. Rakshit, learned advocate appearing for the petitioner submits that previously, the landlord filed a suit being the O.C. No.43 of 1998 before the learned Munsif, 1st Court, Contai against the predecessor-in-interest of the defendants on the ground of default, inter alia, and that suit ended in compromise on July 29, 1998. According to the terms of the solenama, the rent was fixed at the rate of Rs.600/- per month payable within seven days of the succeeding month and the rent was liable to be enhanced by 15 per cent after every four years w.e.f. January 2002, along with other clauses. Mr. Rakshit submits that according to the terms of the solenama after four years, that is, w.e.f. January 2002, the rent was likely to be Rs.690/- per month but the plaintiff filed the suit claiming the rent at the rate of Rs.700/- per month and so, that was not in terms of the solenama executed between the parties. The quantum of rent had, therefore, not been determined. The arrears of rent had not also been determined.