LAWS(CAL)-2016-5-4

SHANTI DEVI AND ORS. Vs. KALI PROSAD SHAW

Decided On May 04, 2016
Shanti Devi And Ors. Appellant
V/S
Kali Prosad Shaw Respondents

JUDGEMENT

(1.) This is an application under Article 227 of the Constitution of India wherein the orders dated 13 -12 -2013 and 18 -02 -2014 as passed by the learned 5th Court of Civil Judge (Junior Division), Howrah, in connection with Title Suit No. 114 of 1990 have been assailed before this Court.

(2.) It may be mentioned that vide the first order, the learned Trial Court was pleased to allow the application filed by the landlord/opposite party under Sec. 7(3) (sic) of the West Bengal Premises Tenancy Act and directed that the defence be struck out. In the second order, the learned Trial Court was pleased to reject the applications filed by the petitioner/tenant under Sec. 151 of the Civil Procedure Code. praying for an order to accept the deposit, condonation of delay as regards such payment and to recall the order passed under Sec. 7(3) of the Act.

(3.) The fact relevant for the purpose of adjudication of this revisional application may be stated in brief thus: