LAWS(CAL)-2008-11-14

TAPAS BISWAS Vs. SHYAMA PROSAD GHOSAL

Decided On November 28, 2008
TAPAS BISWAS Appellant
V/S
SHYAMA PROSAD GHOSAL Respondents

JUDGEMENT

(1.) SINCE a common question touching the jurisdiction of this Court to entertain an application under Article 227 of the Constitution of India against an order passed by the Civil Judge in any proceeding arising out of an eviction suit under Section 6 of the West Bengal Premises Tenancy Act, 1997, has arisen in most of these revisional applications, this Court has heard all the aforesaid revisional applications simultaneously, to find out the answer to the aforesaid common question of law. Following incidental question has also cropped up in some of such revisional applications:-Whether an appeal lies against an order and/or decree for eviction passed by the learned Civil Judge in a suit filed by the landlord for eviction of his tenant under Section 6 of the said Act and in the event it is found that appeal lies against such order and/ or decree, then what will be the forum of such appeal? general discussion on the aforesaid common question of law:

(2.) CONFUSION has arisen as divergent views have been expressed by two Division Benches of this Hon'ble Court on the common question of law as indicated above.

(3.) IN fact, the provision relating to pre-emption proceeding under sections 8 and 9 of the West Bengal Land Reforms Act as well as the provision relating to suit for eviction as contained in Section 6 of the West bengal Premises Tenancy Act, 1997 are almost similar to each other so far as the concept of "authority" is concerned with whom jurisdiction was vested for trial of the said suit and/or proceeding under the respective Acts.