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2025 DAILYLAW 66362 (CAL)

SRI SUBAL SAHA v. SMT. SIMA MAJI(DEB ROY)

CO/68/2025 · 2025-06-23

Om Narayan Rai

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

19.03.2026 Sl. No. 31 Ct No. 6 SG C.O. 68 of 2025 CAN 1 of 2025 Subal Saha Vs Sima Maji (Deb Roy) Mr. Shiva Prasad Ghose, Ms. Neha Roy. …for the petitioner Re: CAN 1 of 2025 1. This is an application seeking recalling of the order dated June 23, 2025 whereby CO 68 of 2025 had been dismissed for default. 2. Having heard learned advocate for the petitioner and having perused the application being CAN 1 of 2025, this Court is satisfied with the grounds that have been shown for non representation of the petitioner at the time of call on June 23, 2025 when CO 68 of 2025 was dismissed for default. 3. Accordingly, the order dated June 23, 2025 is recalled and CO 68 of 2025 is restored to its original file. 4. Accordingly, CAN 1 of 2025 stands disposed of. Re: CO 68 of 2025 5. This revisional application is directed against an order dated October 08, 2024 passed by the learned Civil Judge (Junior Divison), 2nd Court at Barrackpore in Ejectment Suit No. 101 of 2018 whereby the petitioner9s application under Sections 7(1) and 7(2) of the West 2 Bengal Premises Tenancy Act, 1997 (hereinafter 8the Act9) have been disposed of. 6. Mr. Ghose, learned advocate appearing for the petitioner submits that the learned trial Court has committed a serious error in dismissing the petitioner9s application under Section 7(2) of the Act while observing that the petitioner has failed to comply with the provisions of Section 7(1) of the Act. 7. It is submitted that the petitioner has all along been complying with the provisions of Section 7(1) of the Act. It is further submitted that there are no admitted arrears of rent and petitioner has disputed the landlord- tenant relationship as well as the quantum of rent which ought to have been decided by the learned trial Court. 8. The petitioner shall serve a notice of this revisional application along with a notice on the opposite party intimating her that the matter shall be taken up next on 09.04.2026. (Om Narayan Rai, J.)