GANESH CHANDRA DUTTA Vs. CHUNILAL MONDAL

JUDGEMENT

(1.) The plaintiff-respondents brought a suit in the City Civil Court at Calcutta for ejectment against their tenant who is appellant before me for ejectment and recovery of khas possession of the premises described in the schedule to the plaint. The learned Judge. 5th Bench, City Civil Court at Calcutta has decreed the said suit in favour of the plaintiff-respondents and the defendant tenant has preferred this appeal.

(2.) Mr. Banerjee, the learned advocate for the respondents has submitted before me that this appeal is not maintainable in law. According to Mr. Banerjee the West Bengal Premises Tenancy Act, 1956, is a self-contained code and no appeal has been provided against a decree for recovery of khas possession of a premises passed by a Court competent to entertain or try such a suit under Section 20 of the said Act.

(3.) In this connection Mr. Banerjee has also drawn my attention to the schedule of the West Bengal Premises Tenancy Act. Section 22 of the City Civil Court Act 1953 lays down that the enactments specified in the Second Schedule shall be amended to the extent and in the manner mentioned in the fourth column of the schedule. Originally in the second schedule the substituted Sub-clauses (i) and (ii) and the proviso to Clause (1) of Schedule B of the West Bengal Premises Rent Control (Temporary Provisions) Act 1950 were set out. After the enactment of City Civil Court and the West Bengal Premises Tenancy Act 1957, the reference to the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950 were deleted, and it was provided that where the premises are situate on land wholly within the ordinary original Civil Jurisdiction of the Calcutta High Court suit for recovery of possession of a premises would lie in the City Civil Court when the value of the suit or the value of the premises does not exceed Rs. 10,000/-. Where the value of the premises exceeds Rs. 10,000/- suit would lie to the High Court. Under Clause 2 of the schedule to the West Bengal Premises Tenancy Act where the premises are situate On a land wholly or partly outside the ordinary original Civil Jurisdiction of the Calcutta High Court suit for recovery of possession would lie in the court other than the Calcutta High Court which would have had jurisdiction to try the suit if the West Bengal Premises Tenancy Act was not passed. It is unnecessary to refer to the provisos to Clause (1) of the schedule which deal with the suits pending in the City Civil Court and with suit, appeals and proceedings instituted in the Calcutta High Court or in the court of the Chief Judge of the Court of Small Causes and pending at the date of commencement of City Civil Court and West Bengal Premises Tenancy (Amendment) Act 1957.