TAPAN KUMAR SANTRA Vs. BISWANATH BANERJEE

JUDGEMENT

(1.) The present Revisional application is directed against an appellate order dated January 27, 1993, passed by the learned Assistant District Judge, First Court, Hooghly, in Misc. Appeal No. 37 of 1992 confirming the order dated March 1, 1992 passed by the Additional House Rent Controller, Serampore, in H.R.C case No. 11 of 1991.

(2.) Mr. D.K. Seth, learned Advocate appearing in support of the instant Revisional application, has assailed the impugned orders primarily on the ground that both the Appeal Court as well as the Statutory Authority went wrong by holding therein that it is completely beyond the jurisdiction of the learned House Rent Controller to determine whether the Applicant is a tenant or not within the meaning of Sec. 21 of the West Bengal Premises Tenancy Act. The learned Appeal Court has been pleased to proceed on the footing of the premises in law that determination of such controversy is completely within jurisdiction. Mr. Seth, learned Advocate appearing for the Petitioner, has drawn the attention of the Court to Clause (1) to (3) of Sec. 21 and has tried to lay a distinction from Clause (4) onwards of the said section. Mr. Seth has further contended with force by drawing the attention of this Court to Clause (a) to (d) as embodied in Sec. 21(2) itself and he has further submitted that compliance of Sub -sections (a) to (d) under Clause (2) would serve the purpose for deposit of rent with the Rent Controller.

(3.) Mr. Indra Nath Mukherjee, learned Advocate appearing for the opposite party, has tried to dispute the said contention by laying stress on the expression, namely, 'landlord' and 'tenant' and he went further to impress upon this Court that in view of the, said expression being defined in the Statute and the observations made by the learned Appeal Court about criteria are to he treated as sine qua non and the benefit of Sec. 21 of the West Bengal Premises Tenancy Act from namely (i) the suit premises; (ii) the landlord; (iii) the tenant.