SUSHIL KUMAR NATH Vs. TAPAS MITRA

JUDGEMENT

(1.) THIS revisional application under Article 227 of the Constitution of India was directed against the order dated 5th June, 2003 passed by the Learned District Judge at Burdwan in Civil Revision No. 20 of 2003 affirming the order No. 103 dated february 25, 2003 passed by the Learned Civil Judge (Junior Division) 4th Court at burdwan in Title Suit No. 100 of 2002.

(2.) THE fact of the present case is that the petitioners/plaintiffs brought Title Suit no. 224 of 1998 against the opposite parties/defendants in 2nd Court Civil Judge (Junior Division) at Burdwan for eviction on the ground of subletting and parting with possession for defaulting payment of rents and reasonable requirements and other grounds. The said suit was transferred to the 4th Court Civil Judge (Junior division) at Burdwan renumbered as Title Suit No. 100 of 2002.

(3.) AFTER appearance, the opposite parties filed separate application under Section 17 (1) and Section 17 (2) and (2a) of the West Bengal Premises Tenancy Act, 1956 and the petitioner contested the latter application by filing a written objection.