SRI DASU DUTTA Vs. SMT. USHA RANI NANDI

JUDGEMENT

(1.) The plaintiff, the respondent herein, initiated the ejectment action under Sec. 6 of the West Bengal Premises Tenancy Act, 1997(hereinafter referred to as 'the said Act of 1997' in short) before the Additional Controller at Sealdah for eviction of the defendant from the suit shop room, the said proceeding was subsequently transferred to the Court of learned Additional Civil Judge (Junior Division) at Sealdah, District-24 Parganas(South) being Ejectment Suit No. 607 of 2004. The instant second appeal is arising out of the said suit, at the instance of the defendant.

(2.) Default in payment of rent, the suit shop-room requires thorough repair which cannot be carried out without evicting the defendant, the plaintiff reasonably requires the suit shop-room for her own use and occupation and the defendant has violated the clauses (m), (o) and (p) of Sec. 108 of the Transfer of Property Act, 1882 are the grounds on which the plaintiff sought eviction of the defendant.

(3.) The defendant although in his written statement denied the plaint case but did not challenge the maintainability of the said suit on any specific ground, nonetheless the learned Trial Judge framed a general issue regarding maintainability of the said suit and the defendant, while addressing the said issue questioned the maintainability of it on the ground that Sec. 21 of the West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001(hereinafter referred to as 'the said Act of 2001' in short) is a bar to the jurisdiction of the Civil Court to decide the said suit.