Research › Search › Judgment

Calcutta High Court · body

2025 DAILYLAW 3365 (CAL)

JAYANTA MUKHERJEE AND ANR v. XXX

CO/1774/2025 · 2026-07-30

Om Narayan Rai

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

C o u r t N . 2 2 S l 1 5 1 / C L 30.07.26 D/L Sl-1&2 Ct. 07 (Samar) CO. 1774 of 2025 With CO. 1780 of 2025 Jayanta Mukherjee & Anr. Vs. XXX Mr. Tanmoy Mukherjee, Mr. Anirban Saha Ray, … for the petitioners. 1. These two revisional applications assail two interlocutory orders passed against the petitioner- landlord in two proceedings initiated for eviction of the same tenant from two different tenancies. 2. While CO 1774 of 2025 is directed against an order dated April 10, 2025 passed by the learned Judge, 6th Bench, Presidency Small Causes Court at Calcutta in Ejectment Suit No. 288 of 2015, CO 1780 of 2025 assails an order dated April 10, 2025 passed by the learned Judge, 6th Bench, Presidency Small Causes Court at Calcutta in Ejectment Suit No. 289 of 2015. 3. By the said two orders, two applications filed by the petitioner under Order 22 Rule 4A of the Code of Civil Procedure, 1908 praying for impleadment of the Administrator General, Government of West Bengal, to represent the estate of the deceased defendant, have been turned down. 4. The learned Trial Court has observed that in the 2 facts and circumstances of the case, when the daughters of the original tenant are alive, the Administrator General, Government of West Bengal cannot be permitted to be impleaded to represent the estate of the deceased defendant. 5. Mr. Mukherjee, learned advocate appearing for the petitioners submits that in order to put all controversy at rest, the petitioner may be permitted to add the two daughters of the deceased tenant (defendant) as parties in the suit, without prejudice to the petitioner rights to take the point of applicability of Section 2(g) of the West Bengal Premises Tenancy Act, 1997 and to urge that the added persons are not tenants and are therefore liable to be evicted either as trespasser or as illegal occupant. 6. Mr. Mukherjee’s submission has substance. In such view of the matter, the aforesaid two revisional applications are disposed of by permitting the plaintiff/petitioner to add the two daughters of the deceased defendant (tenant) as parties to the two suits being Ejectment Suit No. 288 of 2015, Ejectment Suit No. 289 of 2015 pending before the learned Judge 6th Bench, Presidency Small Causes Court at Calcutta. 7. The petitioner shall file appropriate application under Order 1 Rule 10 of the Code before the 3 learned Trial Court for the purpose of completion of the formality of addition of party as aforesaid. The learned Trial Court is requested to dispose of such application preferably on the same day when it is moved and if the same is not possible then preferably within a week therefrom. The orders impugned herein stand modified to the aforesaid extend. 8. Since the two suits have been instituted in the year 2015, the learned Trial Court is requested to expedite the hearing the suit and dispose of the same as expeditiously as possible and preferably within one year from the next date fixed without granting any unnecessary adjournment. 9. With the above observations, CO. 1774 of 2025 and CO. 1780 of 2025 stand disposed of. There shall be no order as to costs. 10. Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (Om Narayan Rai, J.)