Calcutta High Court (Appellete Side)
Bharat Kumar Giridharilal Hariyani vs Ardhendu Sekhar Kundu And Another on 27 March, 2019
1 S/L. 31.
March 27, 2019.
MNS.
C. O. No. 1113 of 2019 Bharat Kumar Giridharilal Hariyani Vs. Ardhendu Sekhar Kundu and another Mr. Ajoy Kumar Nandi ...for the petitioner.
The defendant in an eviction suit has preferred the instant revisional application against an order disposing of the defendant's applications under Sections 7(1) and 7(2) of the West Bengal Premises Tenancy Act, 1997.
Learned counsel for the petitioner argues that the adjudication of fair rent was done by the trial court on the basis of a similar adjudication by the Additional Rent Controller, despite an appeal being pending at the instance of the petitioner against such adjudication by the Additional Rent Controller.
However, upon query, learned counsel for the petitioner submits that the appellate court has not passed any stay of operation of the Additional Rent Controller's order. As such, the trial court did not commit any jurisdictional error in deciding the petitioner's applications on the basis of the findings of the Additional Rent Controller at the present juncture.
Accordingly, C. O. No. 1113 of 2019 is disposed of without interfering with the impugned order, but giving the liberty to the petitioner to approach the trial court for a reconsideration of the impugned order, in the event the appellate court reverses the finding of the Additional Rent Controller as to the fair rent in respect of the suit premises, 2 provided such adjudication takes place prior to the disposal of the eviction suit. If such a prayer is made, the trial court shall dispose of the same in accordance with law.
There will be no 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.
(Sabyasachi Bhattacharyya, J.)