Hasina Bubi vs Sri Sibu Prasad Das & Anr
2022 Latest Caselaw 290 Cal

                                                          C.O. 2163 of 2021


                 IN THE HIGH COURT AT CALCUTTA

                  CIVIL REVISIONAL JURISDICTION

                             APPELLATE SIDE

   Present:-

   THE HON'BLE JUSTICE Kesang Doma Bhutia.



                             C.O. 2163 of 2021
                                Hasina Bubi
                                     VS.
                       Sri Sibu Prasad Das & Anr.


For the Petitioners            :- Mr. Partha Pratim Roy


  For the Opposite Parties     :- Mr. Tanmoy Mukherjee,
                                 Mr. Amal Kumar Saha,
                                 Ms. Irish Paul,



Hearing concluded on           :- 31.01.2022



Judgment on                    :- 03.02.2022



     Kesang Doma Bhutia, J:- - The land lord being aggrieved by the

order granting permission to the tenant to repair the disputed tenanted

one room structure with verandah made of brick with tile roof by the

Civil Judge (Junior Division), 1st Court, Chandernagore, Hooghly, in




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                                                           C.O. 2163 of 2021


Title Suit No. 319 of 2018 on 29.11.2021, in compliance of the direction

given by the Hon'ble High Court in C.O. No. 4195 of 2019 on

19.03.2021

has filed the present application under Article 227 of the

Constitution of India.

The facts necessary for determination of present revisional

application is that the opposite parties being the tenants of the

disputed structure have filed Title Suit being No. 319 of 2018 for

declaration and permanent injunction. The petitioner/landlord too has

filed an Eviction Suit against the present opposite parties and which is

also pending before the same Court. That in Title Suit No. 318 of 2018

the plaintiffs/tenants had filed an application for repair of the tenanted

structure based on local inspection report and which was allowed, but

due to resistance put by the landlord/defendant no repair work could

be carried out and as such the learned Court below had to direct police

to help the tenants to execute the repair works of the tenanted

structure by passing an order on 02.01.2020.

Being aggrieved by such order, the defendant/landlord preferred a

revision before the Hon'ble High Court being No. 4195 of 2019. The

Hon'ble coordinate bench of this High Court was pleased to allow the

repair work of the premises in question with a direction to the learned

Court below to get the repair work done in presence of advocate

commissioner to be appointed by the learned Court below or in

C.O. 2163 of 2021

presence of learned Advocate Commissioner who had already done local

inspection of the disputed tenanted structure. Learned Court below as

per the direction of the Hon'ble High Court and also keeping in view the

local inspection report of the commissioner allowed the

plaintiffs/tenants to carry out the repair works. Learned Court below by

passing the impugned order has allowed replacement of 200 pieces of

roof tiles with 25 pieces of motka, replacement of 50 tiles supporting

bamboo sticks, plastering of western side room with verandah and also

repair of the floor.

Now by filling the present revisional application the landlord had

alleged in the garb of repair the learned Court below has allowed the

tenant to carry out a new construction. He further submitted if the

tenant is allowed to carry out the nature of repair work as mentioned in

the impugned order then the eviction suit filed by the petitioner on the

ground the suit property is in dilapidated condition would be

infructuous. Therefore, the petitioner has prayed for setting aside the

impugned order.

The institution of an eviction suit against opposite parties by the

present petitioner ipso facto prove that present petitioner admits that

opposite parties to be her tenants in respect of the disputed structure.

It is settled principle of law a tenant cannot be evicted from the

tenanted premises without due process of law. Therefore, this Court is

C.O. 2163 of 2021

of view so long the tenant is not evicted from the tenanted structure,

the tenant has every right to live in the tenanted structure suitable for

human habitation and with dignity.

From the report of the commissioner and impugned order it is

seen that photographs were produced by the Advocate Commissioner

who was appointed to hold local inspection of the disputed tenanted

premises and which show tiles are missing from some portion of the

roof and plastic sheet being used to cover the ceiling. The bamboos

supporting the ceiling are in rotten condition. There is a gap in between

the roof and the brick wall and tiles being stacked at the verandah. Two

pillars supporting the western wall are in tilted condition, the walls are

in cracked and in poor condition being aggravated by cyclone Amphan

and cyclone Yaas and there is immediate need of repair of the disputed

structure to make it habitable.

Therefore, keeping in view the condition of the disputed structure,

the nature of repair works which are required to be effected in the

disputed structure as ordered by the learned Court below do not appear

to be in the nature of a new construction as alleged by the learned

Advocate for the petitioner. Therefore, this Court does not find any

material irregularities in the impugned order. This Court does not find

any merit in the revisional application. Therefore, the same is

dismissed.

C.O. 2163 of 2021

Accordingly, C.O. No. 2163 of 2021 is dismissed. Connected

applications, if any, are disposed of.

Interim order, if any, stands discharged.

In view of the order made above Affidavits are not invited. Allegations

made shall be deemed to be denied.

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly

downloaded from the official website of this Court.

Urgent Photostat certified copies of this order, if applied for, be

given to the parties upon compliance of all requisite formalities.

(Kesang Doma Bhutia, J.)