Pradip Kumar Jain v. Amalgamated Fuels Limited

IA No: GA 1 of 2024 APOT No. 21 of 2024 with CS No. 173 of 2021

IN THE HIGH COURT AT CALCUTTA

In appeal from its ORDINARY ORIGINAL CIVIL JURISDICTION CIVIL APPELLATE JURISDICTION Pradip Kumar Jain

Versus

Amalgamated Fuels Limited Before:

The Hon'ble Justice I. P. MUKERJI And The Hon'ble Justice BISWAROOP CHOWDHURY Date: 2nd July 2024 Appearance:

Mr. Rupak Ghosh, Adocate Mr. Debdut Mukherjee, Advocate Mr. Vivek Basu, Advocate Mr. Aditya Kanodia, Advocate Ms. Shreya Trivedi, Advocate for the appellant Mr. Debnath Ghosh, Advocate Mr. Avinash Kankani, Advocate Mr. Sarosij Dasgupta, Advocate Mr. Suman Majumder, Advocate for the respondent The Court: This is an appeal from an order of a learned single judge dismissing the application of the appellant/defendant under Order VII Rule 11 of the Civil Procedure Code.

The following controversies between the parties have arisen in this appeal.

The suit of the respondent/plaintiff was founded on alleged determination of a monthly lease under Section 106 of the Transfer of Property Act, 1882 and consequential claim for mesne profits from the date of such alleged determination.

According to the appellant/defendant, the tenancy was wholly covered by the Rent Act i.e. West Bengal Premises and Tenancy Act, 1997; the purported determination of the lease under section 106 was invalid; the tenancy had to be terminated by a notice under section 6 of the Rent Act.

If the tenancy was covered by the Rent Act, assuming but not admitting the determination of the lease/tenancy, the appellant/defendant would continue as a statutory tenant till the decree. Mesne profit would be payable from the date of the decree. Hence the suit was grossly overvalued and not maintainable before this court.

In support of their case the respondent/plaintiff has taken up an application under Chapter XIIIA of the Original Side Rules. It is pending. In our opinion, hearing out of the appeal on the above issues would necessarily hold up the suit for an indefinite period of time. Some decision either way should be made in the shortest possible time. We feel that the ends of justice would be subserved if the points taken in the Order VII Rule 11 application and in this appeal were allowed to be urged in the Chapter XIIIA application and decided prima facie by the learned judge and also allowed to be raised as issues, preliminary or general at the discretion of the learned judge trying the suit. We order accordingly.

The time to file the affidavit-in-opposition in the Chapter XIIIA application is extended till 12th July 2024. Affidavit-in-reply may be filed by 22nd July 2024.

The learned judge may be requested to hear out the Chapter XIIIA application as early as possible, at his lordship's convenience. All points are kept open before the learned single judge, at the Chapter XIIIA application and trial of the suit stages. The appeal (APOT 21 of 2024) and the connected application (IA No: GA 1 of 2024) are disposed of.

(I. P. MUKERJI, J.) ..

(BISWAROOP CHOWDHURY, J.) R. Bose