GORA CHAND PAL Vs. NOMITA MONDAL

JUDGEMENT

(1.) The instant application is for review of an order passed on 12th July, 2011 in disposing of C.O.2654 of 2008.

(2.) In order to appreciate the scope of the said review application, some of the relevant facts are mentioned hereinbelow:-

(3.) The petitioner contested such proceeding by filing written objection on 28th April, 2006 in which it has been categorically stated that the rent has been paid all along to the original plaintiff till his death i.e. 26th December, 2003. The opposite parties failed to prove themselves as heirs of the original plaintiff and, accordingly, not entitled to receive any rent. On 2nd January, 2007 it was contended that the said application was heard by the learned Court below on the points of law and the matter was adjourned but on the next date, the learned Advocate for the petitioner was surprised to find from the cause list that the application filed under Section 17(3) of the West Bengal Premises Tenancy Act, 1956 had been rejected and the suit was fixed for preemptory hearing. However, from the certified copy of the said order on the following date it was found that the petitioner under Section 17(3) of the West Bengal Premises Tenancy Act, 1956 was allowed on contest and the defence of the petitioner had been struck out under Section 17(3) of the West Bengal Premises Tenancy Act.