KISHORI MOHAN DAS Vs. SWAPAN KUMAR DAS

JUDGEMENT

(1.) The Court : This is an application for modification of the order dated 30th June, 2016 passed by me by which the Official Receiver was directed to convene a fresh meeting of the shebaits to take a decision whether the rent of the existing tenants can be enhanced. The Official Receiver was also permitted to take steps to enhance the rent if the private respondent failed in taking recourse to the provisions of the West Bengal Premises Tenancy Act, 1997.

(2.) The present application for modification is filed by the plaintiff/petitioner for variation and/or modification of the order dated 13th June, 2016 in terms of paragraph 4 of the petition which is reproduced as under :

(3.) Upon meaningful reading of the averments made in the aforesaid paragraphs, it is stated by the plaintiffs/petitioners that the application being GA No.628 of 2016 was filed for a permission to start the renovation work at premises No.9, Chuttar Para Lane now Harish Sikdar Path, Kolkata - 700 012 and the other premises comprised in the debuttar estate was not the subject-matter therein. It is sought to be contended therein that the order dated 13th June, 2016 appears to have been passed as if the entire debuttar estate was involved and sought to be promoted and, therefore, the word 'debuttar estate' should be deleted and be replaced by the expression 'premises no.9, Chuttar Para Lane, Kolkata'. It is stated that on the day of passing the said order, the learned Advocate representing the Official Receiver handed over a copy of the meeting held on 16th August, 2008 which does not contain the true and exact state of affairs and, in fact, misleaded the atmosphere of the situation of the hearing. It is further indicated that the copy of the minutes was handed over without the forwarding letter and the reply to such letter which was restricted to premises No.13, 14, and 14/1, Chuttar Para Lane, Kolkata. It is further indicated that the premises no.9, Chuttar Para Lane, Kolkata is now occupied by any tenant and, therefore, the direction for enhancement of the rent in the said order dated 13th June, 2016 is beyond the scope of the application and, in fact, no occasion arises for the same. It is, thus, stated that the Official Receiver has blended the other properties with the premises no.9, Chuttar Para Lane, Kolkata and created a confusing atmosphere at the time of hearing. It is, thus, stated that the application which was appearing before the Court was restricted for a permission to renovate premises no.9, Chuttar Para Lane, Kolkata as a portion thereof has already collapsed and the interest of idol is highly affected. Apart from the same, the plaintiffs/petitioners have also brought to the notice of the Court the typographical and ministerial error in the cause title of the impugned order.