Calcutta High Court (Appellete Side)
Miss Jayashree Chandra & Anr vs Susanta Kumar Seal Alias Sil & Anr on 27 September, 2018
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
1 2 27.9.2018
CO 1662 of 2018 gd Miss Jayashree Chandra & Anr.
Vs. Susanta Kumar Seal alias Sil & Anr. Mr. Asit Baran Raut Ms. Ishita Raut ..for the Petitioners Mr. Abhijit Roy ..for the Opposite Parties The grievance of the petitioning defendants is that their application under Section 7(2) of the West Bengal Premises Tenancy Act, 1997 has not been disposed of and yet, the eviction suit has been set down for ex parte hearing.
The plaintiffs are represented. There appears to be a mistake in the order dated August 16, 2017 which even the plaintiffs do not support. The plaintiffs only submit that the application under Section 7(2) of the 1997 Act may have become infructuous since the period of five years within the meaning of Section 2(g) of the Act has already expired.
Since it appears that the order impugned dated August 16, 2017 was passed without the 2 application under Section 7(2) of the said Act being disposed of and by directing the suit to be taken up ex parte, such order cannot be sustained and the same is hereby set aside. The trial court is now directed to ensure that the application under Section 7(2) of the said Act is taken up in accordance with law and disposed of in course of this calendar year.
In view of this order, the subsequent order of the trial court passed on March 22, 2018 has also to be set aside which is so done.
CO 1662 of 2018 is disposed of without any order as to costs.
Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.
(Sanjib Banerjee, J.) 3