ALOKE KR. SIRKAR Vs. GANAPATI VENKEETA KRISHNAN

JUDGEMENT

(1.) Challenging the Order No. 85 dated January 4, 2002 in an Ejectment Suit No. 187/ 1999 passed by the learned Judge, lllrd Court, Presidency Small Causes Court at Calcutta, this Revisional Application has been moved. The Plaintiff/opposite party No. 1 filed the Ejectment suit against the Petitioner and the opposite party No. 2.

(2.) The Petitioner filed an application in the said Suit under Sec. 17(2) of the West Bengal Premises Tenancy Act, 1956 within the time stipulated. In the said application, the Petitioner disputed landlord -tenancy relation with the opposite party No. 1, who is the Plaintiff, in the said application the Petitioner also stated that he is a thika Tenant in respect of a portion of land being Premises No. 26C, Nirmal Chandra Street. The said application under Sec. 17(2) of the West Bengal Premises Tenancy Act, 1956 has been made Annex. A to the petition.

(3.) Challenging the Order No. 2.9 dated April 6, 1993 quoted above, the Petitioner moved a revisional application being CO. No. 1836 of 1993. Said revisional application was disposed of by Hon'ble Justice Bhaskar Bhattacharya. The gist of the Order of his Lordship passed in the revisional application on May 4, 1999 is quoted hereinbelow: