A.K.Nandi, J. - (1.)This revision is directed against order No.16 dated 14-6-91 passed by the Munsif, First Additional Court, Alipore in Title Execution Case No.11 of 1990.
(2.)The decree holder-opposite party filed a suit for eviction on the grounds of reasonable requirement, sub-letting and default. On these several grounds trial court granted a decree for eviction on 30-5-69. The judgment-debtors-petitioners preferred an appeal being Title Appeal No.1059 of 1969 which is still pending.
(3.)The judgment debtors filed all application under section 17D of the West Bengal Premises Tenancy Act hereinafter called the Act on 22-12-69. Section 17D of the Act is reproduced :
"Power of Court to set aside decrees passed on account of default in the payment of rent.-- (1) Where before the commencement of the West Bengal. Premises Tenancy (Amendment) Act, 1968, a decree for the recovery of possession of any premises was passed-

(a) in a suit under this Act, in which no order had been made under sub-section (3) of section 17 striking out, defence against delivery of possession, only on the ground referred to in clause (i) of sub-section (1) of section 13, or

(b) in suit under the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950, by reason only of clause (i) of the proviso to sub-section (1) of section 11 of that Act,
but the possession of such premises had not been recovered from the tenant by the execution of the decree, the tenant may within a period of sixty days from the date of commencement of the West Bengal Premises Tenancy (Second Amendment) Act, 1969, make an application to the Court which passed the decree to set aside the decree.
(2) Where an application has been made under sub-section (1) for setting aside a decree, all proceedings in execution of the decree shall remain stayed until the application is disposed of."
The judgment debtors filed an application for stay of hearing of their appeal until disposal of their application under section 17D of the Act.
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