CELICA DEVELOPERS (P) LIMITED Vs. WADHWANA

JUDGEMENT

(1.) The present first appeals and cross-objection arise out of a common judgement and separate decrees dated January 6, 2017, passed by the learned Judge, Seventh Bench, City Civil Court at Calcutta in Title Suit No. 554 of 2008 and Title Suit No. 1973 of 2008, respectively filed by the appellant Celica Developers (P) Limited and the respondent M/s Wadhwana.

(2.) The appellant, claiming the respondent to be a lessee under the Transfer of Property Act, filed Title Suit No. 554 of 2008, for eviction of the respondent on the basis of a notice under Sec. 106 of the Transfer of Property Act, 1882. On the other hand, the respondent filed Title Suit No. 1973 of 2008 for declaration that it is a monthly tenant and for permanent injunction restraining the appellant from interfering with its electricity supply. By the impugned judgment and decree, the appellant's suit for eviction was dismissed and the declaratory suit of the respondent was decreed, thereby holding that the respondent is a premises tenant under the West Bengal Premise Tenancy Act, 1997 (hereinafter referred to as "the 1997 Act") and granting permanent injunction as prayed for by the respondent.

(3.) FAT No.66 of 2017 has been filed by the plaintiff/appellant against the dismissal of its eviction suit, whereas FA no.156 of 2022 has been preferred by it against the decree passed in the respondent's suit. A cross-objection, bearing COT No.33 of 2018, has been filed by the respondent in respect of the appeals.