AYUB ANSARY Vs. MEHBUB GAZI AND ORS

JUDGEMENT

(1.) The revisional application, being C.O. 1629 of 2014, has been directed by Ayub Ansary against order No.40 dated 29.04.14 passed by the learned Civil Judge, Junior Division, 3rd Court, Alipore in Misc. Case No. 2 of 2014, a proceeding being under Order 9 Rule 13 of the Code of Civil Procedure proposing to set aside the ex-parte decree passed against him and others in Title Suit No. 3505 of 2010 for eviction under the West Bengal Premises Tenancy Act, 1997.

(2.) Heard Mr. Hiranmoy Bhattacharya, learned advocate for the petitioner and Mrs. Sharmistha Ghosh Sharma, learned advocate for the opposite party nos. 1 and 2. Perused the impugned order. Let a copy of the judgement of the Title Suit No. 3505 of 2010 initiated by the plaintiffs/ opposite party nos. 1 and 2 who will be called on hereafter only as opposite parties and a copy of the Title Appeal arising therefrom initiated only at the instance of the defendant no.2 of the suit/ proforma opposite party no.6 supplied by the learned advocate for the opposite party nos. 1 and 2 be kept with the record.

(3.) I find from the available fact that Siddique Ansary, who died on August 16, 2004, the father of the petitioner, vis a vis of all the 5 defendants of the suit, was a tenant in respect of the suit premises under the opposite party nos. 1 and 2. The suit was instituted for evicting the natural heirs of the deceased tenant beyond the stipulated period as laid down under section 2(g) of the West Bengal Premises Tenancy Act, 1997. The suit, being T.S. No.3505 of 2010, was filed for evicting those heirs from the suit premises and for recovery of khas possession. The said suit ended as a contested eviction decree against the defendant no.2 Mehmud Ansary, one of the sons of original tenant since it was decreed ex-parte against the rest, presumably for the reason that despite service of summons none of the other sons, including the present petitioner appeared in the suit.