SOMNATH MUKHARJEE Vs. MAMATA RANI SAHA

JUDGEMENT

(1.) This Civil Revision application is directed against the order dated 13.2.2006 passed by the learned Vlth Civil Judge (Junior Division) at Alipore in Ejectment (RC) Case No. 175 of 2005 whereby and whereunder, while dealing with an application under Section 27(2) of the West Bengal Premises Tenancy Act, 1997 (hereinafter referred to as the said Act) he held that it was the Controller alone who was empowered to entertain such an application and therefore, he was not inclined to entertain the same. As a consequence, he directed that the petition under Section 27(2) of the said Act be returned so that it could be filed before the concerned Controller within the period of limitation.

(2.) The opposite party filed an application for evicting the petitioner on the ground of default and reasonable requirement before the Vlth Additional Rent Controller at Alipore where the same was registered as Ejectment Case No. 175 of 2005.

(3.) The petitioner who is the tenant entered appearance and filed an application under Section 7(1)(a)(b) of the said Act and also filed application under Section 7(2) pleading protection against eviction. The opposite party, in the capacity of being the owner (Landlord) filed her objection. It is stated that the Ejectment Case is still pending disposal.