MOLINA DEY Vs. RUNA KUNDU

JUDGEMENT

(1.) The defendant has filed the present application being G.A. No. 9 of 2023 in C.S. No. 220 of 2021 praying for rejection of plaint. The plaintiff has filed the suit against the defendant for eviction, recovery of khas possession and mesne profit.

(2.) The contention raised by the defendant in the present application is that the suit filed by the plaintiff is a commercial suit but has filed in the Non-Commercial Division. The defendant is running business in the suit premises. It is also the contention of the defendant that the suit property is for non-residential purpose and under the provisions of Sec. 2(g) of the West Bengal Premises Tenancy Act, 1997, protection is granted only for residential purpose. It is also the contention that the husband of the defendant, namely, Prabir Kumar Kundu left behind his wife, the defendant herein, one son and one daughter but the plaintiff has not made all the legal heirs of Prabir Kumar Kundu as defendants.

(3.) On 28/4/1993, the husband of the plaintiff and the plaintiff have jointly had purchased the suit properties. The husband of the plaintiff died on 5/6/2008 leaving behind the plaintiff as his only legal heir and by way of inheritance and succession, the plaintiff has become the sole and absolute owner of the suit property.