RANJIT SARKAR Vs. MALATI GHOSH

JUDGEMENT

(1.) THIS application under Article 227 of the Constitution of India is directed against an order being No. 34 dated 21st August, 2008 passed by the learned Additional Civil Judge (Junior Division), Sealdah in Ejectment suit No. 399 of 2005 whereby the defendant's application under Section 7 (2) of the West Bengal Premises Tenancy Act, 1997 was disposed of by holding inter alia that the defendant is a defaulter in payment of rent for the period from 1st November, 1986 to 1st August, 2008 i. e. for 261 months at the rate of Rs. 40/- per month. The defendant was thus, directed to deposit the entire arrear rent for the said period at the said rate together with 10% interest thereon to the credit of the petitioner within one month from the date of the order.

(2.) THE defendant is aggrieved by the said order as the dispute which the defendant raised in the said application as to existence of relationship of landlord and tenant between the parties was decided against the defendant. Though the learned trial Judge held that relationship of landlord and tenant exists between the parties but at the same time, the learned trial Judge made it clear that such findings are tentative findings and the said dispute was kept open for conclusive adjudication at the time of final hearing of the suit.

(3.) BEING aggrieved by the said order, the instant application has been moved by the defendant/petitioner herein.