JAMIRUDDIN Vs. SAHABUDDIN AHMED

JUDGEMENT

(1.) Heard the learned Advocates of both the sides. This application is at the instance of the defendant and is directed against the Order dated August 27, 2012 passed by the learned Civil Judge (Junior Division), 3rd Court, Howrah in Title Suit No. 128 of 2004 thereby rejecting an application under Order 11 Rule 14 of the C.P.C. filed by the defendant.

(2.) The plaintiff/petitioner herein instituted the aforesaid suit against the defendant for ejectment and recovery of possession on the ground of default, reasonable requirement, sub-letting, addition, alteration, etc. In that suit, the defendant filed an application under Section 7(2) of the West Bengal Premises Tenancy Act, 1997 and that application was disposed of on January 18, 2007 directing the defendant to deposit arrears of rent of Rs. 25,200/- and an amount of interest of Rs. 20,265/- totalling Rs. 45,465/- for the period of January 1993 to December, 2004.

(3.) Being aggrieved by such order, the defendant/tenant moved this Hon'ble Court and the Hon'ble Court set aside the said order by an order dated September 20, 2007 in C.O. No. 533 of 2007 with direction to hear out the matter afresh.