ASHIT MUKHERJEE Vs. BHABADEB MUKHERJEE

JUDGEMENT

(1.) This is an application under Sec. 115 of the Code of Civil Procedure moved on behalf of the defendant/petitioner challenging Order No. 94 dated 23.7.2001 passed by the learned Civil Judge (Junior Division), First Court Durgapur in Title Suit No. 150 of 1997.

(2.) The above order has been passed by the learned trial Judge when disposing of the application under Sections 17(1), 17(2) and 17 (2A) of the West Bengal Premises Tenancy Act.

(3.) Admitted position as it appears from records is that the opposite party/plaintiff is the owner in respect of the suit premises mentioned in the schedule of the plaint and the defendant/petitioner was a monthly tenant under the plaintiff landlord. When the defendant/petitioner. was inducted an agreement was executed by and between the petitioner and the opposite party. Admittedly, the said agreement was executed on 1st day of 1995 and was for a period of two years, the copy of the said agreement has been made Annexure-A to this revisional application. Clause 2 and 3 of the agreement run as follows :