SUPARNA BOSS Vs. SANTANU MAJUMDAR

JUDGEMENT

(1.) THE defendant petitioner Smt. Suparna Bose filed the instant application for revision challenging the order dated October 1, 2007 passed by learned civil Judge, Senior Division, 9th Court at Alipore, District South 24-Parganas in Title Suit No. 11 of 2007.

(2.) THE opposite party/plaintiff Dr. Santanu Majumdar filed the Title suit No. 11 of 2007 in the said Court against the present petitioner for eviction and khas possession from the ground floor of the building at premises in 1/223/1, Gariahat Road, Jodhpur Park on the ground of expiry of the period of agreement between the parties. The said tenancy was for commercial purpose and by the said agreement of tenancy dated October 1, 2004 the rent was fixed at Rs. 5500/- along with another sum of Rs. 5500/- being the service of maintenance charges totaling an amount of Rs. 11000/- payable according to English Calendar months.

(3.) THE defendant petitioner filed an application before the learned Court below under Section 7 (2) of the West Bengal Premises Tenancy Act for determination of the rate of rent and for mode of adjustment of the advance already paid with the monthly rent due. Such application of the defendant petitioner was disposed of on contest by the learned Court below by the impugned order dated 1. 10. 07 holding that the rent was actually Rs. 11000/-per month (Rs. 5500/- as rent and Rs. 5500/- as maintenance charges) as such the West Bengal Premises Tenancy Act, 1997 is not attracted and accordingly the application under Section 7 (2) of the said Act has been held not maintainable and has been rejected.