KRISHNA DAS DUTTA Vs. MAHAMAYA DEVI AND OTHERS

JUDGEMENT

(1.) This petition for revision under Sec. 115 C.P.C. is directed against the order dated 24th March, 1983 passed by Munsif, 2nd Court, Barasat in Title Suit No. 652 of 1976, rejecting the petition for amendment of the written statement filed by the defendant/petitioner in that suit. The plaintiffs/opposite parties filed a suit against the defendant for ejectment from the suit premises on the ground of default and reasonable requirement for their own use and occupation alleging the defendant is the only heir who used to reside ordinarily with the deceased tenant Binod Behari Bhowmick.

(2.) The petitioner contested the suit by filing a written statement denying the relationship of landlord and tenant between the petitioner/defendant and the plaintiffs/opposite parties. The petitioner admitted that he was the nephew of deceased tenant Binod Behari Bhowmick who, according to the defendant had already transferred the disputed shop room by a deed of agreement to Smt. Malina Bala Dutta. wife of the petitioner, with the verbal consent of the landlord and thereby the said Malina Bala Dutta became the tenant under the plaintiffs/opposite parties. The petitioner also filed an application under Sec. 17(2) and Sec. 17 (2A) of the West Bengal Premises Tenancy Act, 1956 denying therein the relationship of landlord and tenant between the parties It was held, however, by the trial court that the tenancy interest of the deceased tenant Binod Behari Bhowmick actually devolved on his nephew and the deed of transfer was disbelieved by that Court. However, the petitioner/defendant sought to make out the case that the was not the sole heir of the deceased tenant but there were other heirs who were necessary parties and for that matter wanted to file at additional written statement by way of the amendment of the original one under order 6 Rule 17 of the Code of Civil Procedure. This was rejected by the learned Trial Court.

(3.) Being aggrieved by the same, the petitioner/defendant has filed the present revisional petition alleging that the learned Munsif had acted illegally and with material irregularity in refusing prayer for amendment and thereby to give particulars of the heirs of the deceased tenant Binod Behari Bhowmick who according to the petitioner are necessary parties.