ABHISHEK SHARMA Vs. NITESH KANORIA AND ORS.

JUDGEMENT

(1.) The present revisional application has been preferred at the instance of a tenant, against whom the opposite parties filed a suit for eviction under the West Bengal Premises Tenancy Act, 1997. In such suit, the petitioner filed an application under Order 7, Rule 11 of the Code of Civil Procedure for rejection of the plaint on the ground that the plaintiffs/opposite parties have based their right on concurrent lease, which is not permissible under the Indian law. Such application under Order 7, Rule 11 of the Code having been rejected by the impugned order, dated November 13, 2017, the present revision has been preferred.

(2.) It is submitted by learned counsel for the petitioner, upon placing reliance particularly on paragraph nos. 1 and 2 of the plaint, that the opposite parties have admitted in their plaint itself that they were inducted as lessees in respect of the suit premises by the superior landlord on April 19, 2012 and that the petitioner was already a lessee in respect of the suit property prior to such induction by the superior landlord. In such view of the matter, it is submitted, a complete and meaningful reading of the plaint ought to have resulted only in rejection of plaint, which the trial court refused to do.

(3.) Learned senior advocate appearing on behalf of the opposite parties placed reliance on paragraph 4 of the plaint, where the plaintiffs have alleged that the defendant paid rent in respect of his tenancy till the month of December, 2011, and, thereafter, neglected and failed to pay rent in respect of his tenancy.