LAWS(CAL)-2021-2-66

SUDHANSHU SAHA Vs. RAMKRISHNA PODDAR

Decided On February 25, 2021
Sudhanshu Saha Appellant
V/S
Ramkrishna Poddar Respondents

JUDGEMENT

(1.) The petitioner is the plaintiff of all the suits connected with these three revisional applications. C.O. 1640 of 2020 is arising out of Title Suit No. 72779 of 2017, C.O. 1641 of 2020 is arising out of Title Suit No.72792 of 2017 and C.O. 1642 of 2020 is arising out of Title Suit No. 72828 of 2017. The said suits are pending before the 2nd Court of learned Civil Judge (Junior Division) Serampore, District-Hooghly.

(2.) The revisional applications are taken up for analogous hearing and disposal since a common question arises in these matters as to whether judgment on admission under Order XII Rule 6 of the Code of Civil Procedure can be passed in the aforementioned connected suits.

(3.) The petitioner is seeking eviction of the defendant of the respective suits from the suit property on the ground that since five years have elapsed after the death of the original tenants the defendants have become trespassers by the operation of Section 2(g) of the West Bengal Premises Tenancy Act, 1997 (hereinafter referred to as the 'said Act' in short), as such they are liable to be evicted from the suit property.