RANJIT MONDAL Vs. BALAI CHANDRA BANIK

JUDGEMENT

(1.) Challenge is to the Order dated April 4, 2011 passed by the learned Civil Judge (Junior Division), 1st Court, Alipore in Ejectment Suit No.418 of 2008 thereby rejecting an application under Sec. 7(2) of the West Bengal Premises Tenancy Act.

(2.) The plaintiff/opposite party herein instituted a suit for eviction being Ejectment Suit No.418 of 2008 against the defendant/petitioner herein in respect the premises in suit as described in the schedule of the plaint on the ground of, inter alia, default, reasonable requirement. Summons was duly served upon the defendant and after appearance, he filed an application under Sec. 7(2) of the West Bengal Premises Tenancy Act, for determination whether the petitioner is a defaulter in payment of his monthly rent, etc. The plaintiff/opposite party herein filed a written objection against that application. Then, upon hearing both the sides, the said application was rejected.

(3.) Now, the question is whether the learned Trial Judge is justified in rejecting the said application.