MIRA KOLEY @ DIPTI KOLEY Vs. UJJALA JANA

JUDGEMENT

(1.) THIS revisional application is at the instance of the defendants in the ejectment suit being Title Suit No. 304 of 2009. Admittedly, the suit property is situate at Village Gunanandapur, P.O. Antila, P.S. Bagnan, DistrictHowrah.

(2.) IN the said ejectment suit the defendants petitioners filed two applications. The first one, under Section 7(1) of the 1997 Act for deposit of rent in Court. The second application was, for dismissal of the ejectment suit on the ground that the tenancy was governed by the 1997 Act and in absence of a notice under Section 6(4) of the 1997 Act the ejectment suit was not maintainable.

(3.) IN both the applications filed under Section 7(1) of the Act of 1997 and for dismissal of the suit it was the contention of the defendant petitioner that although by Section 45 of the 1997 Act, the West Bengal Premises Tenancy Act, 1956 (hereinafter referred to as "the said Act of 1956") was repealed but in view of Section 25 of The Bengal General Clauses Act, 1899, the said notification dated March 30, 1956 issued under the said 1956 Act still remains valid, as no notification has been issued under the 1997 Act contrary to the said notification issued under the 1956 Act. By an order dated February 04, 2013 the learned Civil Judge specifically held that in view of Section 45 of the 1997 Act repealing the said Act of 1956, Section 25 of the Bengal General Clauses Act, 1899 cannot be made applicable in the instant case.