Lakshmi Pal v. Pradip Kumar Dutta

SK Ct. No. 18 04.01.2021 C.O. No. 1517 of 2020 (Via Video Conference) Sri Lakshmi Pal Vs.

Sri Pradip Kumar Dutta Mr. Rajarshi Halder ... For the petitioner. The defendant in a suit for eviction is the petitioner of the instant application under Article 227 of the Constitution of India.

The 2nd Court of learned Civil Judge, (Junior Division), Purba Burdwan by the order impugned being Order No. 28 dated February 11, 2020 passed in Title Suit No. 224 of 2016 has dismissed the application filed by the petitioner seeking repair of the suit property on the ground of lack of particulars of the repair works sought for.

On perusal of the application for repair under Section 35 of the West Bengal Premises Tenancy Act, 1997 it appears that in the said application there is no specification as to the nature of repair works the petitioner is seeking therefore the learned trial Judge has rightly dismissed the said application.

The order impugned does not call for interference. C.O. 1517 of 2020 is dismissed.

No 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.)