PRIYALAL NATH Vs. SHEFALI PODDAR

JUDGEMENT

(1.) THE hearing stems from an application under Article 227 of the Constitution of India filed by the defendant / petitioner praying for revision of the order dated 19.02.2008, 21.04.2009 and 08.09.2009 passed by Smt. Madhuchhanda Bose, Civil Judge (Senior Division), 5th Court at Alipore in T.S. No. 44 of 2007.

(2.) PLAINTIFF Smt. Shefali Poddar filed a suit for eviction under West Bengal Premises Tenancy Act. The petitioner / defendant filed an application under Section 17(2) of W.B.P.T. Act inter alia denying the relationship of landlord and tenant between the parties. Learned Court below vide her order dated 19.02.2008 dispose of the said application under Section 17(2) of the W.B.P.T. Act holding that petitioner was a defaulter in payment of rent. The learned Court below has not decided the question of relationship of landlord and tenant between the parties to the litigacy.

(3.) LEARNED Lawyer for the opposite party/ plaintiff also referred to a decision reported in (1976) 4 SCC 1966 I have gone through the said reported decision of Honble Apex Court and in my opinion the said decision is not applicable in the instant application. LEARNED Lawyer for the petitioner/tenant filed a decision reported in AIR 1985 Calcutta 83 I have gone through the said decision carefully.