LUNA SIL Vs. NARARYAN CHANDRA GHOSH

JUDGEMENT

(1.) CAN 1/2021 relates to application for substitution of legal heirs of respondent No.1, since deceased and CAN 2/2021 relates to application for condonation of delay in preferring the present revisional application. Both the applications are allowed and disposed of on consent given by the parties.

(2.) Since C.O. 1229/2021 and C.O. 571/2020 arising out of same proceeding being T.S. 204/2016 and having involved similar type of question of law and fact between the same parties, both the revisional applications are hereby disposed of by this common order. In C.O. 1229/2021 the revisionist/petitioner who is defendant/tenant in a suit for eviction, being aggrieved by order No. 42 dtd. 6/4/2021 passed in aforesaid Title Suit No. 204/2016 by the Civil Judge (Junior Division) , 1st Court Barasat, North 24 Parganas, preferred said revisional application. By the impugned order dated 6. 04.2021 learned trial court was pleased to reject applications under sec. 7(1), 7(2) and 7(3) of West Bengal Premises Tenancy Act, 1997 (hereinafter called as WBPT Act 1997), as defendants neither taken any step nor appeared before the court on repeated call, when the case was called on for hearing.

(3.) On the other hand being aggrieved by order No. 28 dtd. 29/3/2019 passed in self same Title Suit no. 204/2016, by the same Civil Judge (Junior divisions) 1st court Barasat, North 24 Parganas, plaintiff/revisionist filed revisional application being C.O. 571/2020. Here by the impugned order learned Trial Court after going through the petition and written objection and also after hearing the submissions made by both the parties, came to the conclusion that the rigour of sec. 2(g) of WBPT Act 1997 is not applicable in the instant case, with regard to fact as alleged by the plaintiff.