RABINDRA NATH SINHA Vs. PRASAD DUTTA

JUDGEMENT

(1.) The Defendant in Title Suit No. 186 of 1994 has challenged the order under Art. 227 of the Constitution of India passed in Civil Revision No. 24 of 1995 allowing the prayer of the Opposite party/plaintiff for amendment of the plaint by order dated 30th Nov., 1994. The factual scenario as narrated in the application is as follows:

(2.) That Smt. Labonya Prova Dutta let out the said premises under the strength of a registered lease deed dated 7th May, 1967 to the petitioner for a period of 21 years commencing from 1st May, 1967 at the monthly rental of Rs. 300.00 (Rupees Three Hundred). Previously the said Labonya Prova Dutta filed a suit being Title Suit No. 162 of 1979 in the Court of the Learned Munsif, 3rd Court at Alipore for eviction against the petitioner treating latter as a 'tenant' within the provisions of West Bengal Premises Tenancy Act. But the Title Suit was dismissed by the judgment dated 28th March, 1985 by the Trial Court.

(3.) Provat Chandra Dutta died on 15th Feb., 1987 leaving a Will in favour of the plaintiff. So, the plaintiff filed a probate suit being Title Suit 404 of 1988 to make the Will probated. Thus, when the Will being probated in the aforementioned suit, the respondent/plaintiff filed another suit for ejectment of the petitioner from the suit premises after the determination of the registered deed by efflux of time in Title Suit No. 404 of 1988. Immediately after summons of the above Suit was served upon the petitioner, he filed an application under Sec. 17(2) of the West Bengal Premises Tenancy Act, 1956 together with an application under Sec. 5 of the Indian Limitation Act. The Opposite party/plaintiff had contested the said proceedings by filing written objection and the learned Trial Court after hearing both parties was, however, inclined to dismiss the petition.