- (1.) This application is at the instance of the defendant and is directed against the Order No.95 dated March 2, 2010 passed by the learned Presidency Small Causes Court, 2 nd Bench, Calcutta in Ejectment Suit No.121 of 1999 thereby allowing an application under Section 17(3) of the West Bengal Premises Tenancy Act, 1956 filed by the plaintiffs.
(2.) The plaintiffs/opposite parties herein instituted a suit being Ejectment Suit No.121 of 1999 before the Presidency Small Causes Court, Calcutta against the defendant-company/petitioner herein for eviction on the ground of, inter alia, default in payment of rent. The defendant/petitioner is contesting the said suit and it filed an application under Section 17(2) of the West Bengal Premises Tenancy Act, 1956 contending, inter alia, that there is no relationship of landlords and tenant between the parties and that the defendant is not a defaulter as claimed in the suit. It is also contended that the suit property belonged to Wakf property known as Tajuddin Wakf Estate and Mr. Musiruddin Munshi was the Mutwalli who used to look after the property and collected the rents from the defendant.
(3.) The learned Trial Judge disposed of the application under Section 17(2) of the West Bengal Premises Tenancy Act, 1956 holding that the plaintiffs are the owners of the suit property and that the defendant-company is a tenant under the plaintiffs at a monthly rent of Rs.250/- per month payable according to English calendar month and that the defendant-company is not a defaulter in payment of rent as there is no arrear of rent. The defendant was also directed to go on paying or depositing current rent month by month in accordance with law. Subsequently, the plaintiffs/opposite parties herein filed an application under Section 17(3) of the West Bengal Premises Tenancy Act, 1956 and that application was allowed by the impugned order. Being aggrieved, this application has been preferred.;