KALPANA MAITY Vs. TARAK NATH MONDAL

JUDGEMENT

(1.) This is an application under Article 227 of the Constitution of India challenging the order No. 125 dated October 6th, 2012 passed by the learned Judge, 2nd Bench, Presidency Small Causes Court at Calcutta in Ejectment Suit No. 72 of 2001.

(2.) The opposite parties as plaintiff instituted a suit being ejectment suit no. 72 of 2001 against one Dhirendra Nath Patra, the predecessorin- interest of the petitioner and proforma opposite parties for a decree of recovery of khas possession of the tenanted property on the ground of reasonable requirements. The original defendant after entering into appearance filed application under Section 17(1) and 17(2) read with Section 17(2A) (b) of the West Bengal Premises Tenancy Act raising the dispute as to arrear of rent due and the relationship of landlord and tenant.

(3.) On August 28th, 2001 the application under Section 17(1) and 17(2) of West Bengal Premises Tenancy Act was fixed for hearing and on that day the learned advocate engaged by the petitioners / defendants did not appear when the matter was called on for hearing. Learned Trial Court disposed of the said application ex-parte in absence of the defendants by holding that the defendant is a defaulter in making payment of rent since July, 1992 and accordingly the defendants were directed to deposit a total sum of Rs. 6025/- as arrear rent.