Dismissed

Mr. Debabdrata Mukherjee v. Sri Ranjan Kumar De & Anr.

Calcutta HC26 Sept 2023CO/981/2013

Case brief

AI extract

What is this about?

This single-judge order disposed of an Article 227 writ petition challenging a Small Causes Court order that rejected a tenant's plea of lack of jurisdiction. The court held that the Small Causes Court had jurisdiction under the West Bengal Premises Tenancy Act, 1997, dismissing the writ.

What did the court decide?

The revisional application was dismissed and the interim order of stay, if any, stands vacated.

Mr. Debabdrata Mukherjee Vs Sri Ranjan Kumar De & Anr. — Landlord and Tenant | Calcutta HC (2023)

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26.9.2023 ct. 236

sk,sl. 28

C.O.981 of 2013

CAN 2/2023

Mr. Debababrata Mukherjee-vs-Ranjan Kr. De & Ors.

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None appears on behalf of the petitioner.

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The matter is appearing almost after 10 years.

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The Hon’ble Supreme Court in Robin Thapa

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Vs Rohit Dora, reported in AIR 2019 S.C.C. 3225

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held that:

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“8 Ordinarily a litigation is based on adjudication on the merits of the contentions of the parties. Litigation should not be terminated by default, either of the plaintiff or the defendant. The cause of justice does require that as far as possible, adjudication be done on merits”.

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This application under Article 227 of the Constitution of India challenges the Order No. 36 dated 8.2.2013 passed by the learned Judge, Third Bench, Small Causes Court at Calcutta in Ejectment Suit No. 367 of 2006-C.

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Briefly stated, Shri Ranjan Kumar De, the opposite party herein filed a suit for eviction of tenant before the learned trial court. The tenant, Debabrata Mukherjee filed an application under Order 7 Rule 11 of the Code of Civil Procedure seeking rejection of plaint on the ground that learned trial court lacks of jurisdiction to entertain such suit.

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Relying upon the amended provision of West Bengal Premises Tenancy Act, 1997 as laid down under Section 12A, Schedule IV the Court of Small Causes have been conferred with jurisdiction to try eviction suit the amendment though was effected on 9^th June, 2009, it was given retrospective effect from 10.1.2001. Such provision also validates all acts done and all actions taken under the West Bengal Premises Tenancy Act, 1997 from 10.1.2001 till 9^th June, 2009.

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