RANJIT SARKAR Vs. PRADIP DAS

JUDGEMENT

(1.) BY order dated 9th of June, 2014 this Court was pleased to allow CO 1885 of 2003 on the ground that in view of the West Bengal Premises Tenancy (Amendment) Act, 2005 (for short the 2005 Amendment Act) amending the provisions of the West Bengal Premises Tenancy Act, 1997 (for short the 1997 Act), the word "Controller" appearing in Section 6 of the 1997 Act has been substituted by the words "Civil Judge having Jurisdiction".

(2.) THIS Court was therefore of the view that the case made out by Ms. Sarada Parmar on behalf of the petitioners that pursuant to the amendment the Civil Court had acquired jurisdiction to hear suits filed under the West Bengal Premises Tenancy Act and the order impugned dated 31st March, 2003 passed by the Ld. 1st Civil Court (Junior Division) at Malda in OC 243 of 2010 holding that the Civil Court has no jurisdiction to try any suit as per provisions of Section 8 of the 1997 Act deserves to be set aside.

(3.) SRI Aniruddha Chatterjee, Ld. Counsel appearing for the Opposite Parties, submits that his client has taken out CAN 5803 of 2014, copy whereof has been served on Ms. Parmar. Sri Chatterjee had argued that the contents of CAN 5803 of 2014 could not be canvassed before this Court on the 9th of June, 2014 as none was present on behalf of the opposite parties.