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Judgment
The petitioner is represented in Court today by Shri Laxmi Pat Surana, one of the directors of the petitioner-company.
By virtue of the impugned order, an application filed by the daughter of the original defendant for adding herself in place of the deceased defendant
has been allowed.
The contention of the petitioner is that the said added party does not satisfy the criteria stipulated in the West Bengal Premises Act, 1997 for being
called a “tenant†under the said Act.
It appears that the added party, who is the present opposite party, made out several grounds for her addition, including that she was a tenant-in-
common with her mother in respect of the suit property and was omitted to be impleaded by the plaintiff/defendant. Without going into the merits of
such averments, it would be prudent that all the claims of right in respect of the suit property made by the opposite party and the counter allegations
and objections thereto by the petitioner can only be dealt with upon evidence at the time of hearing of the suit.
As such, this Court does not find any error in the impugned order, whereby the application of the opposite party for addition of party has been allowed.
In such view of the matter, C. O. No. 802 of 2018 is rejected without any order as to costs.
However, it is made clear that all contentions of both sides in respect of the right of the opposite party to the suit property will be kept open for
adjudication on evidence at the time of hearing of the suit.
In view of the long pendency of the suit, it is expected that the court below will make all endeavour to dispose of the suit itself, as well as all
connected applications, as expeditiously as the business of the said court permits.
Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.