SHYAM NARAYAN SINGH Vs. ARU RATAN PAUL

JUDGEMENT

(1.) This is an application under Article 227 of the Constitution of India against judgment and order dated November 25, 2004 passed by the learned Judge, Eleventh Bench, City Civil Court at Calcutta in Civil Revision Case No. 37 of 2004 reversing Order No. 119 dated July 26, 2004 passed by the learned Judge, Fourth Bench, Presidency Small Causes Court, Calcutta in Ejectment Suit No. 672 of 2000.

(2.) The defendant is the petitioner in this application. The predecessor-in- interest of the substituted plaintiffs, the opposite parties in this application instituted, an ejectment suit being No. 641 of 1992 in the City Civil Court at Calcutta, which was eventually transferred to the Presidency Small Causes Court, Calcutta and has been renumbered as Ejectment Suit No. 672 of 2000.

(3.) The learned Trial Judge by order dated July 26, 2004 disposed of an application under section 151 of the Code of Civil Procedure filed by the defendant/petitioner holding, inter alia, that the said application became redundant inasmuch as already the Court accepted the rents deposited by the defendant. The application under section 17(3) of the West Bengal Premises Tenancy Act, 1956 filed by the plaintiffs was rejected holding, inter alia, the defendant has complied with the provisions of sub-section (1) of section 17 of the West Bengal Premises Tenancy Act, 1956.