LAWS(CAL)-2015-4-103

MOMITA GHOSH Vs. PARTHA PRATIM GHOSH

Decided On April 01, 2015
Momita Ghosh Appellant
V/S
Partha Pratim Ghosh Respondents

JUDGEMENT

(1.) Though the matter appeared today under the heading "Extension of Interim order", but on the insistence of the learned advocate for the opposite party no. 2 the main revisional application is taken up for final disposal. This revisional application is directed against the order no. 12 dated 12th February, 2015 passed by the learned Civil Judge (Senior Division), Baruipur in Miscellaneous Case No. 5 of 2015, by which an application for stay of the execution proceeding is rejected. Before dealing with the legal issues involved in the case, it may be apt to narrate the undisputed facts.

(2.) The opposite party no. 2, who is admittedly the owner in respect of the suit-premises, let out the same to the husband of the petitioner. It goes without saying that the husband was a contractual tenant in respect of the suit-premises paying the monthly rent as agreed upon. The petitioner has married the opposite party no. 1 and subsequently developed differences between them, which led to the initiation of a matrimonial proceeding before the competent Court. It appears that the opposite party no. 1 left the suit-premises keeping the petitioner therein and started residing elsewhere.

(3.) The landlord instituted a suit for eviction against the tenant, opposite party no. 1 herein, on the ground that the period given in the statutory notice has expired. Essentially the said suit was instituted under Section 111 of the Transfer of Property Act, as according to the landlord the West Bengal Premises Tenancy Act, 1997 does not apply to the said tenancy.