SMRITI DAS Vs. BODHISATWA SRIMANY

JUDGEMENT

(1.) Aggrieved by the decision of the City Civil Court in Title Suit No. 608 of 2006, the appellant has preferred the present appeal. The City Civil Court by its order dated 3rd April, 2009 had dismissed the suit filed by the appellant for a declaration that she was a tenant in the suit premises and for a permanent injunction against the respondent landlord.

(2.) The appellant's father, Bimal Kumar Das was a tenant of two rooms, a kitchen and a bathroom on the first floor of the premises at No. 6, Simla Street, Kolkata 700 006. He was a monthly tenant paying a rent of Rs. 37/- per month in terms of Bengali calendar month. The appellant was living with her parents till her father died on 31st March, 2002. Thereafter, she continued in the premises and according to her, she became a tenant under the West Bengal Premises Tenancy Act, 1997. She paid the monthly rent by money order to the landlord initially and thereafter deposited the rent in Court. According to the appellant, she was constrained to file the suit against the respondent landlord as he was disturbing her peaceful occupation of the tenanted premises and had threatened to evict her.

(3.) The respondent landlord contested the suit. The respondent contended in his written statement that the suit for a declaration and permanent injunction was not maintainable as the appellant had not joined the other legal heirs of Bimal Kumar Das as parties to the suit. He pleaded that he had filed Ejectment Suit No.165 of 2005-C against all the heirs of the erstwhile tenant Bimal Kumar Das, including the appellant. The respondent denied that he had caused any hurdles in the way of the appellant enjoying the suit premises.