Calcutta High Court In  Tapas Biswas Vs. Shyama Prosad Ghosal [(2008)4CALLT455(HC)]

The orders passed by the Civil Judge having jurisdiction in connection with any interlocutory proceeding including a proceeding under Section 7 of the West Bengal Premises Tenancy Act, 1997, are the orders passed by the Civil Judge and, as such, is revisable either under Section 115 of the Code of Civil Procedure or under Article 227 of the Constitution of India before the single Judge of the High Court as per the provision of the Appellate Side Rules. Since such an order passed by the Civil Judge cannot be regarded as an order passed by an authority under the West Bengal Land Reforms and Tenancy Tribunal Act, such order cannot be challenged either under Articles 226 or under Article 227 before the Tribunal constituted under the West Bengal Land Reforms and Tenancy Tribunal Act, 1997.

the successive amendments of various provisions of the West Bengal Premises Tenancy Act, 1997 namely Section 6, Section 7. Section 38 of the said Act are considered minutely, then the only conclusion which can be arrived at is that after amendment of 2005 and 2006 two distinctly different forums were created for adjudication of distinctly different types of disputes between the landlord and the tenant. Though a uniform forum was initially created for adjudication of any dispute between the landlord and the tenant but subsequently after 2005, eviction proceeding was taken out of the domain of the Controller and was given to the exclusive jurisdiction of the Civil Court for resolution of disputes. When Civil Courts were given exclusive jurisdiction to try a suit for eviction filed by the landlord against his tenant and when the Civil Court was authorized to pass a decree for eviction after adjudication of the civil rights of a party in such a suit, it cannot be held that the Civil Courts are authority within the meaning of the authority under Section 2(b) of the West Bengal Land Reforms and Tenancy Tribunal Act inasmuch as, such Civil Courts are not created and/or appointed under the said Act but such authority was vested upon the existing Civil Courts constituted under the Bengal, Agra and Assam Civil Courts Act.