S. K. MITRA Vs. RAMOLA BOSE

JUDGEMENT

(1.) THIS revisional application is directed against Order No. 70, dated 1st of February, 1993, passed by Sri H. P. Chatterjee, learned Assistant District Judge, 10th Court, Alipore, in Title Suit No. 108 of 1989, which was instituted by the opposite party, for eviction of the petitioner, inter alia, on the ground of reasonable requirement for her own use and occupation. In the said suit, the petitioner made an application under Section 17(2) read with Section 17 (2-A)(a & b) of the West Bengal Premises Tenancy Act, disputing the relationship of landlord and tenant between the parties and for determination of the arrear amounts of rent payable by the petitioner. The said application was heard, in terms of an Order of this Court, along with the issue as to relationship between the parties. At the hearing, both the parties adduced evidence, and, by the impugned order, the learned Assistant District Judge found that the parties were related as landlord and tenant and directed deposit of Rs. 55,600/- within a month from the date of the Order.

(2.) IN arriving at the aforesaid conclusion, the learned Assistant District Judge took into consideration the following facts :-

(3.) IN the premises, the revisional application fails and is dismissed. There will be no order as to costs. The time for payment in accordance with the order of the learned Trial Judge, after adjustment of the amounts paid in terms of the Order of this Court, is extended by a month from this date. Application dismissed.