RABIN GHOSH Vs. NILMONI ALIAS SACHINDRA NATH NANDY

JUDGEMENT

(1.) NONE appears to contest this application on behalf of the opposite party Nos. 1 to 5.

(2.) IT appears from record that an interim order was passed earlier initially on 24th July, 2007, inter alia staying all further proceedings of Title suit No. 112 of 2001, pending before the Civil Judge (Junior Division), Second court at Howrah for a period of 12 weeks which was subsequently extended by a latter order dated 15th October, 2007, for a further period of three months.

(3.) THIS is an application under Article 227 of the Constitution of India against an orderdated 22nd December, 2006, being Order No. 43, passed by the learned Civil Judge (Junior Division), 2nd Court at Howrah in Title Suit no. 112 of 2001, taken out by the defendants/petitioners. By the said impugned order, the learned Court below proceeded to reject the application of the defendant, seeking leave to exhibit xerox copies of the petitions, being M. P. Case No. 2599 of 1997 and M. P. Case No. 1727 of 1998, as secondary evidence, in an application filed before the learned Court below under Sections 17 (2) and 2 (A) of the West Bengal Premises Tenancy Act, 1956. While refusing to allow the said application of the defendant to introduce xerox copies of the petitions of the two M. Peases as indicated above, the learned court below inter alia held that in the petition under Sections 17 (2) and 2 (A)of the West Bengal Premises Tenancy Act, 1956, the defendant No. 1, herself had admitted her status as tenant to the suit property.