SK RAFIUDDIN AHMED Vs. HAZI ABDUR RAHIM

JUDGEMENT

(1.) THE plaintiffs/opposite parties filed a suit for eviction against the defendant/petitioner herein on various grounds including the ground of default in payment of rent, reasonable requirement etc. under the provision of the West Bengal Premises Tenancy Act.

(2.) IN such a suit, the defendant filed an application under Order 7 rule 11 of the Code of Civil Procedure for rejection of the plaint by alleging therein that the defendant is not a premises tenant under the plaintiffs in respect of the suit premises.

(3.) IT was further claimed by the defendant in his said application that the defendant is a thika tenant in respect of the suit premises and since the interest of the landlord in the thika tenanted property vested with the State under the provisions of Section 5 of the calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981, the defendant became a direct tenant under the State. As such, the suit is not maintainable in its present form.