ASHIS KUMAR BOSE Vs. AVIJIT MUKHOPADHYAY

JUDGEMENT

(1.) The defendant in an eviction suit is the petitioner herein.

(2.) The order impugned is one that has been passed under Order VI Rule 17 of the Code prior to the commencement of the trial for the amendment of the plaint. The plaintiff was not the original owner of the suit premises and claims to have come into such ownership upon a partition decree being passed. The plaintiff instituted the suit for eviction on divers grounds in 201

(3.) In course of the petitioner's application under Section 7(2) of the West Bengal Premises Tenancy Act, 1997, the petitioner apparently revealed that the petitioner was not the person who was inducted into the tenancy, it was the petitioner's grandfather who was the contractual tenant and the petitioner's grandfather had died in the year 2000.