- (1.)The Judgment of the Court was as follows : This revisional application as per Article 227 of the Constitution of India is directed against order No. 9 dated 18.02.2006 passed by the learned Additional District Judge, Sealdah in connection with R. C. Appeal No.1 of 2005.
(2.)The fact leading to filing of the said appeal may be summarized thus: -
i) The present Opposite Party filed one application under Section 6 of the West Bengal Premises Tenancy Act, 1997 against the present petitioner for recovery of possession after evicting him from the property in question. He also prayed for other ponsequential reliefs. The said application was registered as ejectment application No. 59 of 2004 before the Court of Additional Rent Controller at Sealdah which was presided over by learned Additional Civil Judge, Junior Division. The said suit was filed on the ground of default and subletting.

ii) The present petitioner contested the said proceeding by filing written objection wherein he denied all the allegations contained in the said application.

iii) By order dated 20.4.2005 the said ejectment application was allowed and the Presiding Officer directed the present petitioner to vacate the suit premises and hand over possession to the landlord who is Opposite Party in this case.

iv) The tenant preferred appeal being Rent Control Appeal No. 1 of 2005 before the learned Additional District Judge at Sealdah. The tenant also filed one application under Section 5 of the Limitation Act. v) By the order impugned the learned Additional District Judge, Sealdah returned the memorandum of appeal to the learned Advocate appearing on behalf of the tenant appellant for filing the same before the appropriate forum on the ground that he has no jurisdiction to entertain the said appeal.

(3.)Being aggrieved by the said order of the learned Additional District Judge, the tenant petitioner preferred this revisional application.