JUGAL KISOR DAS NASKAR Vs. DILIP DAS

JUDGEMENT

(1.) The petitioner before this Court is a plaintiff in an Ejectment Suit in the learned Court below and is aggrieved by an order dtd. 18/6/2022 passed by Learned Civil Judge Senior Division 3rd Court Alipore in Ejectment Suit No. - 26 of 2021 in directing the petition under Sec. 7(1) and 7(2) of the West Bengal Premises Tenancy Act 1997 for consideration along with the preliminary issue of the suit. The petitioner being aggrieved by the said order has come up with the instant application. The case of the plaintiff/petitioner may be summed up thus:

(2.) The ground for ejectment in the suit is that the father of the opposite parties died on 25/3/2010, leaving behind his wife and the opposite parties. The opposite parties therefore became the joint tenants in respect of the suit property as the mother of the opposite parties relinquished her right of tenancy. The mother of the petitioner also died and the petitioner become the sole owner of the suit property.

(3.) According to the petitioners the right of tenancy of the opposite parties subsisted for a period of 5 years from death of their father and as such they have become trespassers in respect of the suit property.