ANIL KUMAR GHOSH Vs. BIMAL KUMAR HORE

JUDGEMENT

(1.) The opposite party herein as plaintiff filed Ejectment suit no. 180 of 2009 seeking eviction and recovery of Khas possession against the petitioner. Petitioner herein filed written statement denying all material allegations made in the plaint. Petitioner also filed an application under Sec. 7(2) of the West Bengal Premises Tenancy Act, 1997 for determination of the arrear rent. Learned Court below disposed of the said application by the impugned order dtd. 12/6/2013 directing the petitioner to pay Rs.21,229.00 as arrear rent in two instalments and also to deposit current rent month by month from June 2013.

(2.) Opposite party thereafter filed an application under Sec. 7(3) of the Act of 1997 for striking out the defence of the defendant. Learned Court below vide another impugned order dtd. 20/4/2016 allowed the said prayer for striking out defence against delivery of possession for alleged non-compliance of order dtd. 12/6/2013.

(3.) Petitioner further states that on 4/10/2018 he filed another application under Sec. 151 of the Code of Civil Procedure seeking stay of all further proceeding of the suit but the Court below by another impugned order No. 55 dtd. 7/1/2019 was pleased to reject the said application.