JUGAL KISHORE GHOSH Vs. SANKAR ROY

JUDGEMENT

(1.) THIS is an application under Section 115 of the Code of Civil Procedure directed against the Order number 102 passed in February, 1994 by the Assistant District Judge, 1st Court, Alipore in Title Suit No. 130 of 1984.

(2.) THE suit in question is a suit for eviction of a premises tenant. The present petitioner before this Court is the landlord and the original tenant was one Jamini Kanta Roy since dead. The legal heirs and representatives of Jamini Kanta Roy are on record. The landlord-petitioner instituted a suit for eviction on the ground of default against Jamini Kanta Roy in the past and that was numbered as Title Sut No. 76/1973. It was instituted on 17.5.1973 on the ground of default inter alia. But ultimately the suit was dismissed as the defendant-tenant was given the benefit of Section 17(4) of the West Bengal Premises Tenancy Act. The matter came up to the Hon'ble High Court and the Division Bench of this High Court by its Order dated 27.7.1983 held that the plaintiff could not get the relief on the ground of default in view of the provision of Section 17(4) of the W.B.P.T. Act.

(3.) ON being aggrieved by such order the present revisional application has been filed by the landlord-petitioner challenging the impugned order on two grounds that the Court has got no jurisdiction to correct the challans filed before the Rent Controller because those are not part of the Court records but those are simply documentary evidence. According to the learned Advocate for the petitioner the Court has got no power to correct the documentary evidence, the documentary evidence should be accepted as it stands.