RADHA MOHAN KAPOOR Vs. SUSANTA ROY

JUDGEMENT

(1.) THIS application is at the instance of a tenant and is directed against the order dated March 17, 2010 passed by the Additional Rent Controller at Alipore in A.R.C. Case No.12/35 of 2009.

(2.) BY the impugned order, the Rent Controller has observed that the application under Section 35 of the West Bengal Premises Tenancy Act, 1997 filed by the tenant for water supply and repair may be agitated before the learned Civil Judge (Junior Division), 3rd Court, Alipore where a suit for recovery of possession is pending. Being aggrieved, this application has been preferred. Upon hearing the learned counsel for the parties and on going through the materials on record, I find that the concerned Rent Controller has passed the impugned order on an application under Section 35 of the 1997 Act. It is an independent proceeding and if any person has any grievance against the order thereon, the appropriate remedy is to approach the Tribunal and not the Civil Court.

(3.) ON the other hand, Mr. Probal Mukherjee, learned Advocate appearing on behalf of the opposite party submits that the Larger Bench decided certain provisions of the 1997 Act ultra vires and then the State Government preferred an appeal. That appeal has been admitted and stay of the judgment of the Larger Bench has been granted. So, the contention of the ultra vires at present should not be looked into. So, the application under Section 35 of the Act should be dealt with according to the provisions of the 1997 Act.