SAMIR KUMAR KUNDU Vs. DIPALI ROY

JUDGEMENT

(1.) The defendant in a suit for eviction under Section 6 of the West Bengal Premises Tenancy Act, 1997 (hereinafter referred to as "the 1997 Act") has preferred the instant application under Article 227 of the Constitution of India.

(2.) By virtue of the first portion of the impugned order dated August 6, 2019, the trial court disposed of an application filed by the petitioner under Section 7(2) of the 1997 Act on contest, inter alia, holding that there was no order regarding arrear of rent as the same was not asserted by the plaintiff and denied by the other. It was further held that as per an order of this court in C.O. No.1794 of 2019, the aspect of the status of the defendant in the suit will be decided on its own merits at the final hearing of the suit.

(3.) By the later portion of the same order, by which the defendant is in fact aggrieved, an application for amendment of the plaint, taken out by the plaintiff/opposite party no.1, was allowed.