Sumit Mullick v. Suparna Sengupta and Ors.
Case brief
What is this about?
Keywords: West Bengal Premises Tenancy Act 1997; Section 2(g); Section 7(1); Section 7(2); Section 151 CPC; ex parte order; recall of order; unauthorised occupier; recovery of possession; demise of tenant; deposit withdrawal; Title Suit No. 1221 of 2019; Alipore; South 24 Parganas; High Court at Calcutta; CO 2802 of 2022; CAN 1 of 2024. Summary: Single-judge revisional decision holding that in a Section 2(g) suit under the West Bengal Premises Tenancy Act, 1997 (recovery of possession from unauthorised occupiers after the original tenant's death), the defendant has no right to invoke Section 7(1) or 7(2) of the Act; both trial-court orders of 10.02.2022 and 27.07.2022 were set aside and the defendants permitted to withdraw their deposit.
What did the court decide?
Orders dated 10.02.2022 and 27.07.2022 set aside; defendants/opposite parties given liberty to withdraw the amount deposited at the time of filing the application under Section 7(1) of the W.B.P.T Act; urgent photostat certified copy available on usual undertakings.