KARTIK CHANDRA BHANDARI Vs. ASHIM KUMAR SAMANTA

JUDGEMENT

(1.) IN this application under Article 227 of the Constitution of India, the petitioner, tenant has challenged an order dated 7th June, 2007 passed by the civil Judge; (Junior Division), 3rd Court, Howrah in Title Suit No. 24 of 2005, whereby the Court has rejected an application filed by the petitioner, being the defendant in the said suit, under Section 35 of the West Bengal Premises tenancy Act, 1997, hereinafter referred to as the 1997 Act, for permission to repair the suit premises at the cost of the petitioner.

(2.) THE opposite party being the landlord initiated a suit for eviction of the petitioner being Title Suit No. 24 of 2005 in the Court of the Additional Rent controller, Howrah.

(3.) THE petitioner made an application in the said suit under Section 35 of the 1997 Act for permission to the petitioner to carry out essential repairs at the suit premises. In the said application, it was alleged that the suit premises were in urgent need of repairs, which the opposite party had not carried out inspite of demand.