PRADIP KUMAR BHUTORIA Vs. JOYDEB MUKHERJEE

JUDGEMENT

(1.) This application under Article 227 of the Constitution of India has been assailed against the order dtd. 10/2/2016 and 20/6/2017 passed by learned Civil Judge, (Junior Division), Alipore in Ejectment Suit No. 168 of 2007. By the impugned order dtd. 10/2/2016 the court below directed the defendant /tenant to pay Rs.35,157.54 within one month from the date of the order while disposing application under Sec. 7(2) of the West Bengal Premises Tenancy Act, 1997. By the subsequent impugned order dtd. 20/6/2017 the court below rejected with cost, the defendant's application under Sec. 151 of the Code of Civil Procedure in which defendant had sought for reconsideration of the aforesaid order dtd. 10/2/2016.

(2.) The case of the petitioner is that plaintiff/opposite party herein filed aforesaid suit for Ejectment against the defendant/petitioner . The petitioner submits that he entered appearance in the said suit and filed written statement and subsequently he also filed application under Sec. 7(1) and 7(2) of the Act of 1997. However, learned court below decreed the suit exparte on 31/1/2013. Challenging the said exparte decree the petitioner preferred an appeal before the District Judge Alipore, wherein the said appeal was allowed directing the defendant to contest the suit subject to payment of cost of Rs.5,000.00

(3.) Thereafter the defendants application under Sec. 7(2) came up for hearing before the court below and learned court below after hearing the parties was pleased to direct for payment of Rs.35,157.54 towards arrear rent and interest within one month from the date of order. Petitioner subsequently filed an application under Sec. 151 of the Code of Civil Procedure for recalling and quashing the order dtd. 10/2/2016, contending that the same has been passed without considering the deposits already made by the petitioner herein. Learned court below pleased to reject the said application under Sec. 151 of the Code of Civil Procedure.