KARTICK CHANDRA PAL Vs. MANTU CHANDRA GHOSH

JUDGEMENT

(1.) THIS is an application under Article 227 of the Constitution of India has been preferred challenging the legality and propriety the order No. 194 dated December 7th, 2006 passed by learned Civil Judge (Junior Division), 1st Court, Chandernagore in Title Suit No. 155 of 1984.

(2.) THE opposite party as plaintiff filed a suit for ejectment against the defendant / petitioner on ground of defaulter, nuisance and annoyance and for challenging the nature and character of the suit premises deliberately violating all laws and for reasonable requirement for own use and occupation and for starting a business and also for building and rebuilding and for major additions and alternations.

(3.) IT is the further case of the petitioner / defendant that learned trial court fix on November 20th, 2006 for argument of petition under Section 17(20 and 17(2A) of the West Bengal Premises Tenancy Act of the Eviction suit and finally the learned Trial Court fixed on December 7th, 2006 for passing an order in respect of the petition under Section 17(2) of the West Bengal Premises Tenancy Act and passed the impugned order No. 194 dated December 7th, 2006 without going through its previous order and held that the defendant / petitioner is a defaulter since Pous 1390 B.S. to 1413 Agrahayan and directed to make payment of Rs. 18,582/ - to the plaintiff by way of two instalments of Rs. 9,582/ -.