DIPU SARKAR Vs. PRADIP KUMAR BASAK

JUDGEMENT

(1.) Being aggrieved by the order allowing opposite party 's applications under Sec. 7 (1) and 7(2) of the West Bengal Premises Tenancy Act, 1997 by the learned Judge, Second Bench, City Civil Court, Kolkata in Title Suit no. 856 of 2021 on 16/11/21, the land lords/petitioners have filed the present application under Article 227 of the Constitution of India.

(2.) The facts giving rise to the present revisional application in gist is that the petitioners/plaintiffs/landlords have filed Title Suit No. 856 of 2021 for eviction of the opposite party from the disputed shop room on determination of registered lease deed of 30 years.

(3.) It has been alleged by learned lawyer for petitioners that they never filed the eviction suit against the opposite party under West Bengal Premises Tenancy Act, 1997, but surprisingly the opposite party with ulterior motive has filed applications under Sec. 7(1) and 7(2) of the West Bengal Premises Tenancy Act, 1997 and which were allowed vide impugned order with the observation the execution and genuineness of registered lease deed produced before it by the landlords would be considered at the time of trial.