CO/3246/2026 of NIHAR KUMAR DAN Vs TAMAL KUMAR LAW on 21 September 2026

Court No. 6 (265719) 21.09.2026

(AD 21)

(S. Banerjee) CO 3246 of 2026

Dr. Nihar Kumar Dan Vs. Sri Tamal Kumar Law

Mr. Kushal Chatterjee Mr. S. N. Rakshit Mr. Soumyajit Mishra

…for the petitioner Mr. Vinay Kumar Purohit

…for the opposite-party

Affidavit of service filed in Court today, is taken on record. This application under Article 227 of the Constitution of India is at the instance of the defendant and is directed against an order being no. 20 dated August 7, 2026 passed by the learned Judge, 5th Bench, Presidency Small Causes Court, Calcutta in Ejectment Suit No. 197 of 2024. By the order impugned the application under Setion 7(2) of the West Bengal Premises Tenancy Act, 1997 stood allowed. After some argument Mr. Chatterjee, learned advocate appearing for the petitioner submits that some observations have been made in the order impugned with regard to the extent of tenancy which, according to him is not correct.

2 Heard the learned advocate appearing for the opposite party. He submits that there is no error in the finding arrived at by the learned trial judge with regard to the extent of tenancy and in support of such contention he places reliance upon the rent receipt which forms part of this civil revision application. It is clarified that the finding with regard to the extent of tenancy in the impugned order is a tentative finding subject to the final decision in the suit. With the above observation this civil revision application stands disposed of.

(Hiranmay Bhattacharyya, J.)