MR. ALOK MUKHERJEE Vs. DR. MAHIM RANJAN SARKAR

JUDGEMENT

(1.) This revisional application is filed challenging order dated January 30, 2017 and November 17, 2017 passed by learned Civil Judge (Sr. Div), 10th Court, Alipore in Title Suit No. 129 of 2011 by which an application under Section 7(2) of the West Bengal Premises Tenancy Act, 1997 is disposed of and an application under Section 7 (3) of the said Act is allowed.

(2.) The plaintiff/opposite party filed a suit for eviction of a monthly tenant, inter alia, on the ground of nuisance and annoyance and waste and damages.

(3.) It is alleged in the plaint that the defendant/petitioner was a monthly tenant in respect of entire first premise of 53, Ballygunge Gardens, P.S. Gariahat, Kolkata-700019 at a rent of Rs. 6,325/- per month according to English calendar. It is further averred therein that the defendant by issuing letter promised to surrender the said tenancy to the plaintiff/opposite party and despite such undertaking to vacate the suit premises, the petitioner failed and neglected to do so and, therefore, the notice to quit was issued upon him to hand over the vacant and khas possession of the suit premises. It is further stated in the plaint that the petitioner is guilty of causing nuisance and annoyance to the plaintiff/opposite party as well as the neighbours and have also caused serious damages to the suit property.