NATIONAL COMMERCIAL CONCERN Vs. SOBHENDU SARKAR

JUDGEMENT

(1.) The petitioner herein is the defendant in a suit for eviction on the ground of reasonable requirement. Prior to the institution of the suit, the landlord approached the rent controller on the basis of judgment law as now holding the field for increase of the rent. The rent controller required the quantum of rent to be increased and such decision has been challenged before the Land Reforms and Tenancy Tribunal by the tenant.

(2.) The tenant contends that if the rent is increased in accordance with the direction of the rent controller, the tenancy will go beyond the pale of the West Bengal Premises Tenancy Act, 1997 and the parties will be governed by the Transfer of Property Act, 1882.

(3.) The petitioning tenant had applied before the trial court for the stay of the present suit till such time that the rent dispute is finally adjudicated by the Tribunal. The stay has been declined by the order impugned dated May 5, 2014. The petitioner says that it is desirable that the eviction suit is stayed in such circumstances and relies on a judgment reported at : AIR 1982 SC 83 for such purpose.