KALYAN MONDAL Vs. RAJAT KORURI & ANR

JUDGEMENT

(1.) Challenge in this application is against the Order dated 7th September, 2016 passed in C.R. No. 7 of 2015 affirming the order dated 06.08.2015 passed by the ld. Civil Judge (Junior Division), 7th Court, Howrah in Title Suit no. 7 of 2006 by the learned District Judge, Howrah.

(2.) Brief facts leading to this case is that the opposite parties as plaintiffs brought a Title Suit against the predecessor-in-interest of the petitioner being Title Suit no. 7 of 2006 in the court of learned Civil Judge (Junior Division), 7th Court at Howrah praying inter alia, a decree for Khas possession of the suit premises by evicting the defendant/petitioner his men, agents and servants therefrom and for damages and mesne profits.

(3.) In the said suit the predecessor-in-interest of the petitioner as defendant filed an application under Section 7(2) of the West Bengal Premises Tenancy Act 1997 disputing the ownership of the landlord and inter alia that the plaintiff/opposite party no. 1 collected rent from the month of February, 2003 to February, 2006 but did not grant rent receipts. An application under Section 7(1) of the West Bengal Premises Tenancy Act, 1997 was also filed to allow the defendant to deposit the current rent @ Rs. 250/- per month from the month of March, 2006. The said applications u/s 7(2) WBPT Act, 1977 was allowed and the defendant was directed to liquidate the arrear rent of Rs. 10,000/- payable @ Rs. 2,000/- per month by five installments along with current rent by 15th of each succeeding month vide order dated 26/02/2007. According to petitioner, said order has been complied with.