DIPAK MONDAL Vs. BIKASH DHAR

JUDGEMENT

(1.) On the prayer of learned advocates for both the parties, both the cases referred above, are taken up together, since common law point is involved in both the cases.

(2.) The subject-matter of challenge in both these two revisional applications referred above, is against the mode and manner of disposal of 7(2) petition under W.B.P.T. Act. Petitioner/defendant/tenant, against whom eviction suit has been filed by the opposite parties/plaintiffs, raised disputes challenging the relationship between landlords and tenant in an application under Sec. 7(2) of W.B.P.T. Act. Admittedly, such interlocutory application filed by the tenant under Sec. 7(2) of the W.B.P.T. Act could not be adjudicated on merits, but upon attracting the technicalities, there by giving precedence to the technicalities by the court below.

(3.) Though, there has been a direction of the court below giving liberty to tenant to file appropriate application in the suit to challenge the relationship between landlords and tenant, and the maintainability issue if there be any, but the issue challenging relationship in eviction suit remained undecided. Mr. Sen, learned advocate appearing for the petitioner/tenant submits that in an application under Sec. 7(2) of the W.B.P.T. Act, the relationship between landlords and tenant can be very well challenged, apart from raising other issues requiring decision by the Court in terms of the provisions available under Sec. 7(2) of the W.B.P.T. Act, which is pari materia with Sec. 17(2) of the W.B.P.T. Act (Old Act).