Rita Roy v. Sutapa Chakraborty And ORS

sandip Ct. 19 11.06.2024 In The High Court At Calcutta Civil Revisional Jurisdiction (Appellate Side) C.O. 1960 of 2024 Rita Roy Vs.

Sutapa Chakraborty & Ors.

Mr. Rajdeep Bhattacharya ... For the petitioner. The defendant in a suit for eviction under Section 6 of the West Bengal Premises Tenancy Act, 1997 is the petitioner of the instant application under Article 227 of the Constitution of India, which is directed against the order dated April 01, 2024 passed by the 3rd Court of learned Civil Judge, (Junior Division) at Alipore, District - 24 Parganas (South), in the said suit being Ejectment Suit No. 532 of 2016.

The petitioner admittedly has failed to comply with the order passed under Section 7(1) of the said Act of 1997. The learned Trial Judge for such default has allowed an application filed by the plaintiffs under Section 7(3) of the said Act of 1997, thereby has struck off the defense of the petitioner in the suit against delivery of possession. This Court does not find any illegality and/or infirmity in the order impugned warranting interference. C.O. 1960 of 2024 therefore is dismissed without any order as to costs.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)