RAJESH MITRA Vs. KARNANI PROPERTIES LIMITED

JUDGEMENT

(1.) This matter was mentioned to be taken up out of turn citing an urgency.

(2.) The appellant invited the attention of the Court that pursuant to an order of the executing court Sheriff has gone to the decretal property and intended to take possession thereof and unless there is an order staying the process of execution passed by this Court it would virtually render the instant appeal infructuous. We directed the appellant to serve a notice upon the respondent and fixed the matter today so that the issue raised in the instant matter can be conveniently decided in presence of both the parties. At the time of hearing the counsel appearing for the respective parties and the point urged in the instant appeal, we feel that it would be an idle exercise to keep the appeal pending as the documents which are available on record are sufficient enough to decide the core issue involved in the instant appeal.

(3.) The instant appeal has been filed impugning the judgment and order passed by the trial Court on an application under Order 12 Rule 6 of the Code of Civil Procedure. A little prelude to the disputes between the parties is required to be adumbrated. The salient facts which emerge from the records that the plaintiff/respondent filed the suit for recovery of possession in respect of the suit property treating the defendant/appellant as a trespasser having lost their right, title and interest to remain there on applicability of the definition of a tenant enshrined under Sec. 2(g) of the West Bengal Premises Tenancy Act, 1997.