Calcutta High Court (Appellete Side)
Rup Rani Gupta vs Prasad Chakraborty & Ors on 17 May, 2023
14 17.05.
Ct 2023 CO No. 847 of 2023 237 rup Rani Gupta versus Prasad Chakraborty & Ors.
Mr. Debdipto Banerjee, Mr. Soumen Banerjee, .... For the petitioner.
The revisional application has been filed assailing the order dated 21.01.2023 passed in connection with Misc. Case No. 05 of 2013.
Learned Civil Judge (Junior Division), 2nd Court, Sealdah passed the impugned order refusing the prayer under Order 7 Rule 11 filed by the opposite party with a prayer for rejecting the Misc. petition filed under Order 21 Rule 98, 99, 100 and 101 of the Code of Civil Procedure.
Learned advocate appearing on behalf of the petitioner has submitted that according to the opposite parties tenancy was devolved upon him after demise of his father in the year 1996. According to provision of Section 2(g) of the West Bengal Premises Tenancy Act, tenancy ended after 2006 as the West Bengal Premises Tenancy (Amendment) Act came into force on 10th July, 2001. Accordingly opposite party lost his tenancy right after five years from 10th July 2001 by virtue of provision of Section 2(g) of the West Bengal Premises Tenancy Act, 1997.
2The contentious issue is required to be adjudicated in presence of both sides.
Let there be a direction upon the petitioner to serve notice upon the opposite parties and their learned advocate appearing on behalf of the opposite parties before the Trial Court, by speed post with A/D, and furnish affidavit of service on the next returnable date.
Considering the aforesaid facts and circumstances, further proceeding of the Misc. Case No. 5 of 2013 be stayed for a limited period of time i.e till 3rd week of July, 2023.
List the matter appear in the monthly list of July, 2023.
Learned advocate appearing on behalf of the petitioner has submitted that proforma opposite parties did not appear in the Misc. Case and accordingly prays for dispensing of service of notice upon proforma defendants. Prayer is allowed at the risk of the petitioner.
(Bibhas Ranjan De, J.)