DEBI PROSAD CHAKRABORTI Vs. RANU GHOSH

JUDGEMENT

(1.) This instant revisonal application has been directed against an order dated September, 07, 2021 passed by learned Civil Judge (Junior Divisions) 1st Court, Sealdah, in Ejectment Suit no. 10 of 2009, thereby disposing an application under Sec. 7(2) of the West Bengal Premises Tenancy Act, 1997 (in short Act of 1997) directing the opposite parties herein to pay a sum of Rs.2474.00 as arrear rent along with interest by the next date. By the self same order the opposite parties were further directed to continue depositing the sum equivalent to the rate of rent month by month.

(2.) The factual matrix of the present case is that the petitioners herein as plaintiff filed a suit for eviction and mesne profits in respect of the suit property. The opposite parties herein as defendants appeared in the said suit and also filed application under Sec. 7(2) of the Act of 1997 for adjudication of the relationship between the parties and also for adjudication of the arrears of rent. The plaintiff /petitioner filed written objection to the said application denying and disputing all the allegations stated in the said application.

(3.) Petitioner contended that previously petitioner along with his wife issued a notice to quit to the predecessor in interest of the defendants/opposite parties herein and subsequently filed a suit being T.S. No. 92 of 2001 (not the present one) on the ground of default in payment of rent and reasonable requirement. Said earlier suit was decreed vide judgment dtd. 30/3/2006. Present defendants preferred an appeal being T.A. no. 57 of 2006 against the said eviction decree passed by the Trial Court. Thereafter learned First Appellate Court was pleased to remand the case for adjudicating the suit afresh. Upon remand the Trial Court was pleased to observe that the notice to quit was not in proper form and thus suffered from technical defect, which ultimately compelled the petitioner to withdraw the suit.