Judgment:
1. This application is directed against the order dated June 15, 2010 passed by the learned Civil Judge (Junior Division), 5 th Court, Alipore in Ejectment Suit No.7 of 2009 thereby disposing of an application under Section 7(2) of the West Bengal Premises Tenancy Act, 1997.
2. The plaintiff / opposite party herein instituted a suit being Ejectment Suit No.7 of 2009 against the petitioner in respect of the premises in suit as described in the schedule of the plaint on the ground of reasonable requirement before the learned Civil Judge (Junior Division), 5 th Court, Alipore. The defendant / petitioner is contesting the said suit and he filed an application under Section 7(2) of the West Bengal Premises Tenancy Act, 1997 praying for determination of arrears of rent, if any, in respect of the premises in suit. The plaintiff / opposite party herein filed a written objection against that application.
3. Upon consideration of the materials on record, the learned Trial Judge disposed of the application under Section 7(2) of the 1997 Act holding that the defendant was not a defaulter and that there is no arrears of rent to be paid by him. Being aggrieved by the said order, the defendant has come up with this application.
4. Now, the question is whether the impugned order should be sustained.
5. Upon hearing the learned Counsel for the parties and on going through the materials on record, it appears that so far as arrears of rent is concerned, the impugned order is in favour of the defendant. Yet, he has filed this revisional application contending that his prayer for deduction of the charges for bringing water to the premises in suit and the consumption of electricity by the landlord from his meter have not been considered by the learned Trial Judge.
6. So far as the purchase of water from outside is concerned, the learned Trial Judge has clearly observed that the defendant / petitioner herein has failed to prove by cogent evidence as to the purchase of water. By referring to the paragraph no.7, the petitioner has contended that the plaintiff has willfully disconnected the supply of water to his premises in suit. The petitioner is required to prove such fact. He could not produce any paper in support of this contention. He did not produce any receipt showing payment for charges for the purchase of water from the outside. On the other hand, it is the contention of the landlord / opposite party herein that the petitioner does not reside at the suit premises at all but, to his own premises at Behala.
7. As regards, the consumption of electricity by the landlord, there is also no material at all to charge the plaintiff of consuming electricity from the meter of the petitioner. The petitioner has contended that his meter is fixed within the accommodation of the plaintiff in the house in suit. The petitioner has failed to adduce evidence in support of his contention that the electric energy has been consumed by the landlord from his electric meter. So, this contention has also not been proved.
8. Another contention has been raised by the tenant to the effect that a big commercial display signboard was installed on the varanda of the premises in suit and for that reason, the petitioner is deprived of air and light. He has also contended that the suit premises has been blocked for installation of such a signboard. Evidence is required to prove such fact when the landlord has denied such contention. Since, no evidence has been adduced, the learned Trial Judge has also not considered this contention.
9. It is not in dispute as to the quantum of rent per month and the plaintiff / landlord did not claim that the defendant / petitioner is a defaulter in payment of rent.
10. In that view of the matter, I am of the opinion that the impugned order does not suffer from any infirmity. There is nothing to interfere with the impugned order. This revisional application is, therefore, devoid of merits. It is, therefore, dismissed.
11. Considering the circumstances, there will be no order as to costs.
12. Urgent xerox certified copy of this order, if applied for, be supplied to the learned Advocates for the parties on their usual undertaking.