IN THE HIGH COURT AT CALCUTTA Civil Revisional Jurisdiction Appellate Side Present: The Hon’ble Justice Hiranmay Bhattacharyya C.O. 2961 of 2026 Sri Lalgopal Saha & Anr. Vs. Sri Partha Sarathi Roy Karmakar & Anr. For the Petitioners For the Opposite Parties : Mr. Ayan Banerjee Ms. Debasree Dhamali Ms. Riya Ghosh : Mr. Probal Kr. Mukherjee, Sr. Adv., Mr. Swarnava Ray Heard on : 09/09/2026 Judgment on : 09/09/2026 Hiranmay Bhattacharyya , J. : 1. This application under Article 227 of the Constitution of India is at the instance of the defendants in Title Suit No.74 of 2025 and is directed against an order being No.27 dated August 5, 2026 passed by the learned Civil Judge (Jr. Div.), 1st Court at Katwa in Title Suit No.74 of 2025. 2. By the order impugned the application filed by the petitioners under Section 151 of the Code of Civil Procedure for analogous 2 trial of Title Suit No.74 of 2025 along with Title Suit No.6 of 2021 (filed by the petitioners) stood rejected. 3. Mr. Banerjee, learned advocate appearing for the petitioners submits that the petitioners have purchased two independent residential flats in the first floor of the suit building measuring about 908 sq. ft. and 909 sq. ft. respectively. He submits that the petitioners are tenants in respect of five (5) shop rooms being nos.1, 2, 3, 24 and 30 in the ground floor of the suit building. 4. Mr. Banerjee submits that the opposite parties herein filed a suit for eviction being Title Suit No.74 of 2025 in respect of shop room nos.1, 2 and 3 situated on the ground floor of the suit building. Mr. Banerjee submits that in the Title Suit No.6 of 2021 filed by the petitioners the acquisition of title by the opposite parties in respect of the entire suit building has been challenged. He further submits that the opposite parties have sought for eviction of the petitioners in respect of three shop rooms situated on the ground floor claiming to be the owners thereof and since the petitioners have challenged the title of the opposite parties in respect of the entire suit building including the tenanted shop rooms, Title Suit No.6 of 2021 should be tried analogously with Title Suit No.74 of 2025 in order to avoid complications at the time of trial more particularly at the stage of adducing evidence. He submits that in order to avoid 3 conflicting judicial decisions an analogous hearing ought to have been directed by the learned trial judge. 5. Mr. Mukherjee, learned senior advocate representing the opposite parties disputes the aforesaid submissions made by Mr. Banerjee. Mr. Mukherjee submits that in Title Suit No.6 of 2021 the petitioners have challenged the acquisition of right, title and interest of the opposite parties in respect of only the first floor flats of the suit building as would be evident from the schedule of the plaint of Title Suit No.6 of 2021. He submits that in Title Suit No.6 of 2021 only the issues have been framed and the suit is at the stage of hearing of the injunction application. He further submits that the eviction suit filed by the opposite parties being Title Suit No.74 of 2025 has proceeded up to the evidence stage. He submits that for non- compliance of the requirements under Sections 7 (1) and 7(2) of the West Bengal Premises Tenancy Act, 1997, the defence of the petitioners in the suit for eviction against delivery of possession was struck out by the learned trial judge in Title Suit No.74 of 2025. 6. Mr. Mukherjee, learned senior advocate concluded his submission by contending that since the subject matter of the suit property and the issues involved in the two suits are not the same and identical, the learned trial judge was right in rejecting the prayer for analogous hearing. 4 7. Heard the learned advocates for the respective parties and perused the materials placed. 8. Upon going through the schedule of the eviction suit filed by the opposite parties being Title Suit No.74 of 2025, this Court finds that the subject matter of the eviction suit relates to three shop rooms being nos.1, 2 and 3 situated on the ground floor of the suit building. 9. From the schedule of the property, which is the subject matter of Title Suit No.6 of 2021, this Court finds that the petitioners have questioned the acquisition of right, title and interest of the opposite parties vide Registered Deed dated January 22, 2020 in respect of the property which is mentioned in ‘Ka’ schedule more particularly the residential flats situated in the first floor of the four storied suit building. 10. Thus, upon going through the schedule of the plaint of the two suits, this Court is of the considered view that the suit property of both the suits are different. From the impugned order, this Court finds that Title Suit No.74 of 2025 has reached the stage of argument and the defence of the petitioners against delivery of possession in the eviction suit has already been struck out by invoking the provisions of Section 7(3) of the 1997 Act. 11. It is well-settled that the foundation of a suit for eviction under the West Bengal Premises Tenancy Act, 1997 is the existence of landlord tenant relationship between the parties and the 5 complicated questions of title cannot be gone into in an eviction suit. 12. Thus, the scope of an eviction suit under a rent control legislation is different from that of a declaratory suit challenging the title of a party in respect of an immovable property. 13. That apart, the declaratory suit is only at the stage of hearing of interlocutory applications and have not yet reached the stage of peremptory hearing. On the other hand, the suit for eviction has reached the stage of argument. 14. The learned trial judge assigned cogent reasons for rejecting the application for analogous trial of the eviction suit along with the declaratory suit. This Court does not find any infirmity in the impugned order warranting interference under Article 227 of the Constitution of India. 15. Accordingly, CO 2961 of 2026 stands dismissed. 16. There will be no order as to costs. 17. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Hiranmay Bhattacharyya, J.) Item No.10 Court No.-6 Aritra (A.R. Court)