RATAN CHANDRA DAS Vs. RAHAMAN MOLLA & ANR

JUDGEMENT

(1.) The opposite parties are not represented despite service of notice upon them. The petitioner has challenged the judgment and order dated 06.06.2014 passed by the learned Additional District Judge, 6th Court, Alipore in Misc. Appeal No. 12 of 2011 passed by the learned Civil Judge (Senior Division), 3rd Court, Alipore in Title Suit No. 75 of 2011 by which the prayer to pass an ad interim order was refused.

(2.) The petitioner filed the aforesaid title suit for declaration of his tenancy right in respect of two storied building situated on plot no. 174/888, 174/890 & 174/891 under Khatian Nos. 13/2, 13/3 & 429/1 in Mouza 3 Panchur, Police StationRabindranagar, District 24 Parganas South and permanent injunction restraining the defendants from creating any disturbances into peaceful possession of the plaintiff/petitioner in the suit property without due process of law.

(3.) The petitioner claimed the tenancy rights since December 1, 1992 on the strength of an agreement dated 4th December, 1992 entered into between him and the opposite party no.1. It is alleged that on 6th January, 2011, a resident of the nearby locality informed the plaintiff/petitioner that an advertisement is published in Anandabazar Patrika on 14th December, 2010 for sale of the said property by United Bank of India for nonrepayment of the loan taken by the opposite party no.1. In Paragraph 9 of the plaint, it is averred that the opposite party no.2 on visit to him informed that the Bank is entitled to take possession of the property under the provision of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. It is alleged that being a bonafide tenant of the secured assets, he cannot be throw out and/or dispossessed without taking recourse under the Rent Restriction Act and prayed for the above reliefs.