LAWS(CAL)-2023-2-99

BAHADUR SINGH KATHOTIA Vs. PURABI BASU

Decided On February 17, 2023
Bahadur Singh Kathotia Appellant
V/S
Purabi Basu Respondents

JUDGEMENT

(1.) The petitioner before this Court is a defendant in a Suit for Eviction and is aggrieved by the Order dtd. 26/7/2022 passed by Learned Civil Judge Junior Division 3rd Additional Court Alipore South-24 Parganas in Ejectment Suit 276 of 2019. The case of the petitioner/defendant may be summed up thus:-

(2.) The petitioner being aggrieved by the Order passed by the Learned Trial Judge has come up with this Revisional Application.

(3.) It is the contention of the petitioner that the Learned Trial Court acted illegally in not adjudicating the application under Sec. 7(2) of the West Bengal Premises Tenancy Act for noncompliance with application under Sec. 7(1) of the West Bengal Premises Tenancy Act by overlooking the reasons assigned by the petitioner in the application under Order 9 Rule 7 of the Code of Civil Procedure. It is also contended that the Learned Trial Court acted illegally in deciding the applications in isolation of the application under Order 9 Rule 7 of the Code of Civil Procedure.