LAWS(CAL)-2019-11-84

KHERU RAM Vs. ALYA BEGUM

Decided On November 19, 2019
Kheru Ram Appellant
V/S
Alya Begum Respondents

JUDGEMENT

(1.) It shows that service has been made on the learned advocate for the opposite parties appearing in the Court below. On enquiry why this was done and who the parties were not directly served, Mr. Samrat Dey Pal, learned advocate for the petitioner submitted that when the matter was called on last before September 9, 2019 when the coordinate Bench passed an interim order, the other learned advocate for the other side has consented to seek an adjournment in this matter.

(2.) Today, the opposite parties are represented by Mr. Taraknath Halder, learned advocate.

(3.) Therefore, I hold it to be a good service. This petition under Article 227 of the Constitution of India impugns the Order No. 6 dated August 13, 2019 passed by the learned Additional District Judge, Fast Track Court-II at Sealdah in Title Appeal No. 17 of 2019. This Title Appeal was carried from Title Suit No. 242 of 1993, which was filed by the opposite parties for eviction of the present petitioner, who was the appellant-defendant therein. The suit was based upon the West Bengal Premises Tenancy Act, 1956 and had several grounds including reasonable requirement. However, the suit was only decreed on the ground of default. That is why the opposite parties preferred a cross objection/cross appeal with a prayer for condonation of delay in the said title appeal.