Amiya Kumar Tarafdar v. Raj Kumar Rajak
Case at a glance
Provisions considered
Key paragraphs
- Para 1111. Applications, if any, connected thereto stand disposed of consequently.
Judgment
plaintiff/petitioners application challenging the maintainability of the defendants petition under Section 7(1) & 7(2) of the WBPT Act. The Trial Court has also fixed the date for hearing of the said application under Sections 7(1) and 7(2) of the WBPT Act. Being aggrieved, 2 the revisional application has been preferred.
On hearing the Learned Counsels for the parties and on perusal of the material on record, it appears that the suit before the Trial Court is a suit for eviction of trespasser recovery of khas possession.
The plaintiff/petitioner submits that it is his suit and as he has not filed the same under the provision of Section 6 of the WBPT Act, 1997, defendants application under Section 7(1) and Section 7(2) of the WBPT Act, is not maintainable in the present case.
It is further submitted that in case the defendant makes out a case before the Trial Court that he is a lawful tenant in the suit premises, under Section 2(g) of WBPT Act, plaintiff/petitioners suit shall be liable to be dismissed and the plaintiff/petitioner is willing to take the said risk.
Admittedly, the suit is not a suit for eviction filed under Section 6 of the WBPT Act and as such, the provision of Section 7 of the WBPT Act, 1997 is prima facie not applicable in the present case. 3
The impugned order of the Trial Court thus being not in accordance with law, is set aside the reason that an application under Section 7(1) and 7(2) of the WBPT Act as filed by defendant/opposite party herein, is not maintainable in the said suit, which has not been filed under the WBPT Act.
Considering that the suit is pending for a long period, the civil revision is disposed of with the direction, that the Trial Court shall proceed with the suit expeditiously and make all endeavour to dispose of the same preferably within 6 (six) months from the date of this order.
C.O. 3967 of 2025 is disposed of.
Applications, if any, connected thereto stand disposed of consequently.
Interim order, if any, stands vacated.
Photostat certified copy of this order, if applied for, be given to the parties on priority basis upon compliance of all formalities. [Shampa Dutt (Paul). J]
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.