PREM PRAKASH PANDEY Vs. DIPAK DAS GUPTA

JUDGEMENT

(1.) Heard learned Advocate for the parties.

(2.) In the instant revisional application, the petitioner being the defendant of Title Suit No. 329 of 2008 has assailed the Order No.14 dated 21st June, 2010 wherein learned Civil Judge (Junior Division), 3rd Court at Sealdah while disposing of the suit exparte directed the present petitioner to deliver the vacant possession of the suit premises within 60 days from the date of the decree, on the strength of the provisions of Sec. 6(1) of the Specific Relief Act, 1963.

(3.) The background of the instant revisional application is that the opposite party herein filed the Title Suit No. 329 of 2008 before the learned Civil Judge (Junior Division), 3rd Court at Sealdah claiming recovery of possession under Sec. 6(1) of the Specific Relief Act wherein it was stated that the opposite party/plaintiff was a lawful tenant in respect of the premises, referred to in the Schedule of that plaint, at a monthly rent of Rs.216/- per month including electric charge of Rs.40.00 payable according to English calendar under one Jagadish Chandra Dey (since deceased) who instituted a suit for eviction against him on the ground of default, nuisance and annoyance etc., being Title Suit No. 151 of 1990 before the selfsame court. It was averred in the plaint of said Title Suit No. 329 of 2008 that the opposite party herein had been continuously living in the said premises for about last three decades but subsequently at one point of time he came to know that the present petitioner purchased the same from the original landlord, Sri Jagadish Chandra Dey (since deceased).