NILAMBU SEN Vs. PRASANTA GHOSH

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the order bearing No.28 dated 10.07.2007 passed by the Learned Judge, 3rd Bench, Presidency Small Causes Court at Calcutta, in the ejectment suit No.617/2004 - C the plaintiff/petitioner has filed the instant application under Article 227 of the Constitution of India. By virtue of the aforesaid order being No.26 dated 10.07.2007 the Learned Judge 3rd Bench Presidency Small Causes Court disposed of the petition under section 7 (2) of the West Bengal Premises Tenancy Act, 1997 filed by the defendant/ O.P and in the said order it was declared by the learned court below that there is no relationship of landlord and tenant between the plaintiff/petitioner and the defendant / O.P. in the instant case.

(2.) Briefly stated, the fact of the case is that, the petitioners and their sister Smt. Nilakhi Sen since deceased filed the ejectment suit No.617 of 2004 - C in the Learned 3rd Bench of the Presidency Small Causes Court at Calcutta against the original respondent Prafulla Kumar Ghosh, the present respondent's predecessor in interest. In the said suit the original respondent filed an application under Section 7(2) of the West Bengal Premises Tenancy Act, 1997 alleging inter alia that there was no relationship of landlord and tenant between the plaintiffs and the defendant in respect of the suit premises. After the petitioners filed written objection to the said application the Ld. Court below framed an issue as to whether there was any relationship of landlord and tenant between the parties and held that there was no such relationship between them.

(3.) During the pendency of the matter the present respondent (Prasanta Ghosh) was substituted in the place of the original respondent Prafulla Ghosh upon his death and the name of the petitioner's unmarried sister, Smt. Nilakhi Sen was deleted upon her death.