SWAPAN KUMAR DAS Vs. SIPRA KOLEY

JUDGEMENT

(1.) Both the Courts below have decided the case against this appellant.

(2.) The suit was instituted by the plaintiff for ejectment and mesne profit against the defendant in respect of suit property which is a shop room. It is said by the plaintiff that the defendant has been occupying the shop room as a tenant for monthly rental of Rs.88.00 payable according to English calendar month. The defendant stopped to pay the monthly rent since the month of April 2012 and also damaged the suit premises by keeping it under lock and key for a long time. Moreover, the said shop room is required by the plaintiff as his son intends to start a business therein. A notice of ejectment was sent to the defendant by the plaintiff by registered post with acknowledgment due card on 25/8/2024 asking the defendant to quit and vacate the suit premises by the last day of October, 2014. The defendant accepted the notice on 19/9/2014 despite that he did not quit and vacate the suit premises. As such the suit was instituted by the plaintiff against the defendant for eviction.

(3.) The defendant entered appearance in this case and contested the same by taking plea that the suit is not maintainable as the suit premises is governed by the provision of the West Bengal Premises Tenancy Act by the notification dtd. 19/9/2008 issued by the State Government wherein the suit mouza i.e. Gobindopur is said to be governed by the West Bengal Premises Tenancy Act. The another stand point of the defendant is that there is a tenancy agreement in between them wherein it was agreed between the parties that he was inducted as a tenant in the suit premises forever and the heirs of the plaintiff would not be capable of evicting him from the suit premises except on the ground if he would be unable to pay rent for consecutive three months only then he shall be evicted from the suit premises. It is said by the defendant that the terms of the agreement have to be followed and the plaintiff has no right to file the suit for eviction against him.