Calcutta High Court (Appellete Side)
Soma Guha vs Md. Arif & Anr on 8 November, 2021
Author: Subhasis Dasgupta
Bench: Subhasis Dasgupta
08.11.2021 Item No.7 Ct. No.7 CHC C.O.1854 of 2021 (Physical Hearing) Soma Guha Vs. Md. Arif & anr.
Mr. Sounak Bhattacharya ...for the petitioner The subject-matter of challenge in this revisional application is against the rejection of a prayer for stay of the proceedings connected with Ejectment Suit No.69 of 2019, now pending before learned Judge, VIth Bench, Presidency Small Causes Court. Mr. Sounak Bhattacharya, learned advocate for the petitioner submits that the petitioner was a tenant in respect of a suit premises, which she agreed to purchase from the landlord upon transferring huge money through the bank. Even after receiving huge money from the petitioner, the landlords/opposite parties have declined to sell the property and in connection therewith the petitioner in exercise of her right has already filed suit for specific performance of contract, and obtained an order of injunction in 2 respect of the suit premises, so that no third party interest could be created pending decision of the suit. It is further contended by Mr. Bhattacharya that in the meantime, the opposite parties/landlords have already instituted an Ejectment Suit intending to evict the petitioner from the suit premises most unauthorizedly, and the petitioner already entered her appearance and filed an application under Section 7(2) of W.B.P.T. Act for decision. Learned court below refused to grant stay of proceedings finding no appropriate grounds in support of the prayer for stay.
The point is thus very clear that there is an order of injunction in respect of the suit premises occupied by the petitioner, so that no third party interest could be created, and it is granted in connection with a suit filed by the petitioner seeking specific performance of the contract. There are arguable points involved in this case, and to duly address the same, hearing is necessary.
In the meantime, let there be an order directing stay of proceedings pending in the court below, though for a limited period of time, for four weeks. Petitioner is directed to serve copy of this application upon the opposite parties by Speed Post with Acknowledgement Due and furnish affidavit-of- service on the next date fixed.
3Matter to appear in the list under the heading "Civil Revision" three weeks after.
(Subhasis Dasgupta, J.)