Amiya Chorone Roquitte vs Smt. Arati Damani & Ors
2022 Latest Caselaw 4828 Cal

01      27.7.2022                       FA 298 of 2013

Ct-08
                                   Amiya Chorone Roquitte
                                              Vs.
                                   Smt. Arati Damani & Ors.

ar
                       Mr. Sabyasachi Chaudhury
                       Mr. Siddhartha Banerjee
                       Mr. Meghnad Dutta
                                  ... For the Appellant

                       Mr. Aniruddho Poddar
                       Mr. Dhiraj Kumar Gupta
                                   ... For the Respondents

The appeal has arisen out of a judgment and decree in a suit for recovery of khas possession by evicting the defendant/respondent. The suit was filed under the provision of West Bengal Premises Tenancy Act, 1956.

Learned counsel appearing for the appellant submits that in view of the amendment of Section 2G of the West Bengal Premises Tenancy Act, 1997, the status of the respondent is a trespasser. In any event, by reason of introduction of the West Bengal Premises Tenancy Act, 1997 a fresh cause of action has arisen in favour of the plaintiffs to seek eviction of the defendant.

If a fresh cause of action is arisen in favour of the plaintiff/appellant under the West Bengal Premises Tenancy Act, 1997, the dismissal of the appeal for non-prosecution shall not be a res judicata or debarred the appellant from filing a fresh suit under 1997 Act. However, any issue is raised with regard to the maintainability of the suit, the Trial Court shall decide the said issue independently.

In view of above, the appeal stands disposed of.

(Siddhartha Roy Chowdhury,J.) (Soumen Sen, J.)