A.946 08.09.2026 Court No.6 BP C.O. 128 of 2025 Dinesh Kumar Burnwal -versus- Suprity Mukherjee & Anr. Mr. Subhojit Seal ..for the petitioner This application under Article 227 of the Constitution of India is at the instance of the defendant and is directed against an order dated November 19, 2024 passed by the learned Civil Judge (Junior Division), Additional Court at Asansol, Paschim Bardhaman in Title Suit No. 96 of 2023. By the order impugned the application under Section 7(1) and Section 7(2) of the West Bengal Premises Tenancy Act stood rejected upon holding that the same is not maintainable. The opposite parties filed a suit for eviction under the provisions of the Transfer of Property Act upon issuing a notice under Section 106 of the Transfer of Property Act. The learned advocate appearing for the petitioner does not dispute the fact that the instant suit has been filed by the opposite parties under the provisions of the Transfer of Property Act. Section 7 of the West Bengal Premises Tenancy Act deals with the benefit of protection of a tenant against eviction. Section 7(1)(a) of the said Act starts with the 2 expression “on a suit being instituted by the landlord for eviction on any of the grounds referred to in Section 6”. Sub-section (2) of Section 7 starts with the expression “if in any suit referred to in sub-section (1).” Upon a conjoint reading of the provisions of Section 7(1) and 7(2) of the West Bengal Premises Tenancy Act, 1997 it is crystal clear that the provisions under Section 7(1) and 7(2) of the 1997 Act would apply only if a suit is instituted by a landlord for eviction on any of the grounds referred to in Section 6. It is not in dispute that the instant suit has been filed under the provisions of the Transfer of Property Act, 1882 and not under the provisions of Section 6 of the West Bengal Premises Tenancy Act, 1997. A more or less identical issue came up for consideration before a Co-ordinate Bench as to the applicability of the provisions of Section 17 of the West Bengal Premises Tenancy Act, 1956 in suit for eviction instituted under the Transfer of Property Act. The Co- ordinate Bench in the case of Bengal Non-Ferrous Metal Industries Vs. Smt. Mohini Todi & Ors. reported at 1999 SCC OnLine Cal 115 held that in a suit instituted under the Transfer of Property Act the provisions of Section 17 of the 1956 Act is not applicable. The proposition of law laid down in the said reported decision shall squarely apply to the applicability of the provisions of Section 7 of the 1997 Act in a suit instituted under the Transfer of Property Act. The learned trial judge placed reliance upon a decision of 3 a Co-ordinate Bench in the case of Madhav Mukund finance Pvt. Ltd. Vs. Exterior Interior Limited reported in 2024 SCC OnLine Cal 7094 and was right in holding that there is no scope for the application of Section 7(1) and 7(2) of the West Bengal Premises Tenancy Act in a suit filed under Section 106 of the Transfer of Property Act. The learned advocate appearing for the petitioner places reliance upon a decision of the Hon’ble Supreme Court in the case of Anthony Vs. K.C. Ittoop & Sons and others reported at (2000) 6 SCC 394 in support of his contention that an unregistered lease deed shall operate as a monthly tenancy. The said decision cannot come to the aid of the petitioner in the case on hand as the issue involved in the civil revisional application is with regard to the applicability of the provisions of Section 7 of the 1997 Act in a suit filed under the Transfer of Property Act. At this stage, the learned advocate appearing for the petitioner submits that the learned trial judge be directed to frame an issue as to the maintainability of the suit. It will be open to the petitioner to make an appropriate prayer before the learned trial judge in that regard. Accordingly, C.O. 128 of 2025 stands dismissed. There shall be, however, no order as to costs. 4 Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities. (Hiranmay Bhattacharyya, J.)