DEBRABATA MUKHERJEE Vs. ARUP GUHA AND ORS.

JUDGEMENT

(1.) Being aggrieved by the decision of the Trial Court dated 12th December, 2014 in Title Suit No.2015 of 2009, the appellant has approached this Court. By the impugned order the Trial Court has held that it had no jurisdiction to entertain the suit and therefore, passed an order under Order 7 Rule 11 of the Code of Civil Procedure (for short "CPC") rejecting the plaint. The Court was of the view that the plaint could not be entertained as it was barred by the provisions of the West Bengal Premises Tenancy Act, 1997 (hereinafter referred to as "WBPT Act, 1997").

(2.) A brief chronology of facts is required to be mentioned in order to comprehend the relationship between the parties. The appellant filed proceedings under Section 26(3) of the WBPT Act, 1997 in which he prayed for a declaration that he was a direct tenant of M/s. Chamaria Properties Private Limited, i.e., the Respondent No.4 herein. The application was dismissed on 19th June, 2012 by the Controller on the ground that the Controller was barred from passing any order in view of the fact that litigations between the parties were pending in the civil courts.

(3.) Proceedings under Section 41 of the Presidency Small Cause Courts Act, 1882 (hereinafter referred to as "the Act of 1882") were filed by the Respondent Nos. 2 and 3 on 17th December, 2003 for recovery of possession of the suit premises from the appellant herein. The Respondent Nos. 2 and 3 contended in the aforesaid application that the appellant was their licensee. They claimed possession of the premises in view of the fact that the licence had been terminated. The Small Cause Court passed an order for recovery of the khas possession of the suit property on 9th April, 2009. The Court further directed the appellant to vacate the suit premises within two months of the order. Admittedly this order has not been challenged by the appellant in any court of law. Therefore, it has attained finality.