CHHANDA MAZUMDAR Vs. NABA KUMAR MAZUMDAR AND ORS.

JUDGEMENT

(1.) Affidavit-of-Service filed by the petitioner be kept on record. The impugned order dtd. 2/8/2018 passed by the Learned Additional Civil Judge (Junior Division), Sealdah in Ejectment Suit No.12 of 2012 rejecting an application under Order VI Rule 17 praying for amendment is the subject of challenge in this revisional application under Article 227 of the Constitution of India.

(2.) According to learned advocate for the petitioner the defendants were sought to be evicted from the suit premises in connection with suit for eviction already initiated by the petitioner. Admittedly defendants inherited the tenancy from the erstwhile tenant Bhabani Chandra Mazumdar who died long before. By the proposed amendment the petitioner/plaintiff wanted to incorporate the provisions available under Sec. 2(g) of W.B.P.T. Act, 1997 on the ground that after the demise of the erstwhile tenant, the defendants, who inherited the tenancy, were supposed to retain the tenancy for a period of five years and not beyond that.

(3.) According to learned advocate for the petitioner, learned court below acted without jurisdiction by rejecting the proposed amendment under a misconception of law that by allowing the proposed amendment there will be change in the nature and character of the suit. It is contended by the learned advocate for the petitioner that admittedly, defendants are tenants, who inherited the tenancy and after the demise of the erstwhile tenant, and the provisions of Sec. 2(g) of W.B.P.T. Act would be automatically drawn into, and thus the proposed amendment will not create a new cause of action in the pending suit for eviction of tenants.