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Judgment
Biswajit Basu, J
The defendants in a suit for ejectment are the petitioners of the present application under Article 227 of the Constitution of India.
The petitioners are challenging the order no. 15 dated January 24, 2020 passed by the 4th Court of Learned Civil Judge (Junior Division) at Howrah in
Title Suit No. 877 of 2018.
The Learned Trial Judge by the order impugned has disposed of an application filed by the petitioners under Section 7(2) of the West Bengal Premises
Tenancy Act, 1997 (hereinafter referred to as the said Act, in short) holding that the tenants are defaulters in payment of rent since February 2020.
The grievance of the petitioners is that they paid rent to the landlord till August 05, 2009 and the landlord acknowledged the receipt of such rent in a
note book putting his signature. The said note book was produced in course of the trial of the said application under Section 7(2) of the said Act but
the Learned Trial Judge did not at all consider the said document at the time of disposal of the said application.
Learned advocate for the petitioners files a copy of the said application and a copy of the written objection thereto, which are taken on record.
On perusal of the said written objection it appears that the landlord has admitted the assertion of the defendants made in paragraph 6 of the said
application that they paid rent till August 5, 2009 and such payments have been acknowledged by the landlord by putting his signature in the said note
book.
In view of such position of the matter, the Learned Trial Judge prima facie is not justified in discarding the said note book while deciding the
application under Section 7(2) of the said Act.
The matter therefore requires further consideration.
The petitioners are directed to serve a copy of this application upon the opposite party by speed post with acknowledgement due intimating that the
matter will come up in the combined monthly list of April, 2020 under the heading ‘New Motion’.
The petitioners are required to serve a notice upon the learned advocate representing the opposite party in the Court below communicating this order.
The petitioners shall file affidavit of service on the next date of hearing.
There shall be stay of all further proceedings of the Title Suit No. 877 of 2018 pending before the 4th Court of Learned Civil Judge (Junior Division),
Howrah till the end of the month of April, 2020 or until further orders, whichever is earlier.
Urgent photostat certified copy of this order, if applied for, be supplied to the party subject to compliance of all requisite formalities.