MRINAL KANTI GHOSH Vs. MANGO DEBI

JUDGEMENT

(1.) A short and interesting question of law, and a question of some importance, arises for consideration in the present case. The question is whether or not a Civil Court has jurisdiction to entertain a tenant's application for effecting repairs to the suit premises in a pending suit between the landlord and the tenant.

(2.) The petitioner herein filed Ejectment Case No. 5 of 2005 against the opposite parties in the 3rd Court of the Civil Judge (Junior Division) at Sealdah. In the said suit, the opposite parties filed an application dated 18th March, 2008 praying for leave to effect repairs to the suit premises.

(3.) Before the Ld. Trial Judge the petitioner/landlord strongly opposed the said application and contended that under the West Bengal Premises Tenancy Act, 1997 only the Controller has the power to entertain such an application. It was contended that since the Controller is empowered to entertain such an application, under Section 44 of the said Act the jurisdiction of Civil Courts is barred. The Ld. Trial Judge held that the Controller will have jurisdiction only when no litigation is pending between the landlord and tenant in a Civil Court. However, when a litigation is pending between the landlord and the tenant before the Civil Court, the Controller will have no jurisdiction. The Ld. Judge allowed the application of the opposite parties for making repairs to the suit premises by an order dated 16th March, 2012. Being aggrieved by such order the petitioner/landlord is before this Court by way of the instant revisional application.