Calcutta High Court (Appellete Side)
CO-2676-2016 on 8 August, 2016
Author: Indrajit Chatterjee
Bench: Indrajit Chatterjee
1 08.08.2016 Item No.15 aks C.O. 2676 of 2016 Re : Arun Kumar Mohata ... Petitioner.
Mr. Rabi Kapur Mr. P. K. Jhunjhunwala Mrs. Alpana Chaudhuri .. for the petitioner.
This is an application under Article 227 of the Constitution of India wherein the petitioner/landlord has assailed the Order No. 350 dated 18th June, 2016 passed by the learned Judge, 5th Bench, Small Causes Court at Calcutta in Miscellaneous Case No. 300 of 2015 in connection with Ejectment Execution Case No. 666 of 2000 arising out of Ejectment Suit No. 501 of 1961.
Heard Mr. Kapur, learned Advocate, appearing on behalf of the petitioner who submits that even though his client has got the decree in the year 1964, still he could not regain possession over the suit property in spite of the fact that an order of police help was passed by the learned court. He took me to the impugned order to show that the present opposite party has relied upon some rent receipts issued from July to December, 2012 and that the learned trial court came to the prima facie conclusion that the petitioner who is the opposite party before this court is claiming independent right, title and interest over the suit property by creation of a new tenancy and as such, it is to be decided at the time of trial whether a new tenancy has been created Issue notice to the opposite party by Speed Post accompanied by a copy of this revisional application.
Let this matter appear in the list under the same heading on 29-08-2016.
(Indrajit Chatterjee, J.)