RAMKRISHNA PODDAR Vs. SUDHANSHU SAHA

JUDGEMENT

(1.) Since a common law point was urged to be decided by this Court, on the prayer of learned advocate for both the parties, all the three (03) cases were heard together.

(2.) Plaintiff/Opposite party filed three (03) different suits for ejectment in the court of learned Civil Judge (Junior Division), 2nd Court, Serampore with a prayer for recovery of khas possession describing the defendant involved in three (03) such suits (Title Suit No. 72779 of 2017, 72792 of 2017 and 72828 of 2017) as trespassers. In all the three (03) suits the respective defendant (who are petitioners of C.O No. 915 of 2019, C.O. No. 917 of 2019 and 918 of 2019), filed their respective petitions under 7(1)/7(2) of the West Bengal Premises Tenancy Act, 1997 for availing of the protections granted under such tenancy Act. The learned court below vide order dated 20th September, 2018 rejected the prayer of respective defendant in all the three (03) suits under Section 7(1) and 7(2) of West Bengal Premises Tenancy Act, 1997 holding that those two applications were not maintainable.

(3.) Admittedly the original tenant being the predecessor/father of petitioner involved in three (03) such cases was the erstwhile tenant, who admittedly suffered his death on 21.09.98. Without any controversy the premises in question, wherefrom the respective petitioner was sought to be evicted was a non-residential tenancy being a shop room situated in the suit premises.