MD SARFUDDIN Vs. QUMRUDDIN @ QAMURADDIN & ORS

JUDGEMENT

(1.) This application is directed against the Order No.68 dated December 3, 2010 passed by the learned Additional Court, Civil Judge (Junior Division), Sealdah in Ejectment Case No.373 of 2004.

(2.) The plaintiffs / opposite parties herein instituted an application being Ejectment Case No.373 of 2004 for recovery of possession against the defendant no.s 1 & 2 contending, inter alia, that the defendants are defaulters in payment of rent in respect of the suit premises. The defendant no.1 entered appearance and filed an application under Section 7(2) of the West Bengal Premises Tenancy Act, 1997. The plaintiffs filed a written objection to the said application under Section 7(2) of the 1997 Act denying the contention of the defendant no.1. The defendant no.1 and the plaintiffs adduced evidence in support of their contentions over the application under Section 7(2) of the said Act. The learned Judge disposed of the said application holding that there is a joint tenancy of the defendant no.s 1 & 2 in respect of the suit premises and that they are defaulters in payment of rent for April and May 2000 only and accordingly, directed to deposit the arrears of rent with statutory interest within 30 days. Thus, the application under Section 7(2) of the said Act was disposed of. Being aggrieved by such orders, this application has been preferred by the defendant no.1.

(3.) Now, the question is whether the impugned order should be sustained.