SOHAN LAL MOHTA Vs. ANIL KUMAR SONI

JUDGEMENT

(1.) The order dtd. 22/7/2022 passed in connection with EJ 186 of 2021 is challenged. Both the learned counsel appearing on behalf of the parties to this petition are present.

(2.) Learned Chief Judge, Presidency Small Causes Court at Calcutta passed the impugned order on an application with a prayer for rejection of plaint filed by the defendant, on the ground that the property in question is an open space not coming under the purview of the West Bengal Premises Tenancy Act, 1997. Learned Judge returned that defendant received notice under Sec. 6 (4) of the West Bengal Premises Tenancy Act, 1997 and the schedule property was admittedly given to the defendant as a monthly tenant. It was further returned that the defendant filed a title suit no. 684 of 2021 where he admitted the tenancy at a monthly rent. Ultimately, Learned Judge rejected the application dtd. 5/3/2022 with a prayer for rejection of plaint.

(3.) Ld. Advocate, Mr. Shubham Gupta, appearing on behalf of the petitioner/defendant has advanced his argument on two scores that the property in question is an open space and therefore it will not come within the purview of the premises under Sec. 2(e) of the West Bengal Premises Tenancy Act, 1997. In addition, Mr. Gupta also contended that the Learned Chief Judge, Presidency Small Causes Court, can not hear any contested matter save and except transferring to the same to the other bench.