- (1.) By filing this civil revisional application number CO. 1657 of 2010 the petitioner challenges Order no. 56 dated 20th March, 2010 passed by the ld. 1st Civil Court (Junior Division) Asansol in Title Suit (for short T.S.) no. 142 of 2004.
(2.) By the said Order the ld. 1st Civil Court was pleased to finally consider an application u/s. 17(3) of the West Bengal Premises Tenancy Act, 1956 filed by the present petitioner-plaintiff along with an application u/s. 148 of the Code of Civil Procedure filed by the defendants. The ld. Trial Court was pleased to record as follows:- a) That on an application filed u/s. 17(2) of the West Bengal Premises Tenancy Act, 1956 (referred to for short as the 1956 Act.), the ld. Trial Court was pleased to allow the defendant the liberty to pay rent by instalments. The period for paying such rents having expired the same was extended by the Hon'ble High Court. However, even the direction of the Hon'ble High Court was not complied with and the present OP-defendants failed to deposit the rent by March, 2009. The 1st Civil Court (Junior Division) was also pleased to notice that Section 148 of the Code of Civil Procedure permits extension of time by the Court not exceeding 30 days. b) The ld. Civil Court was pleased to further notice that vide the final Order passed in the application u/s. 17(2) of the 1956 Act the present OP-defendants are liable to pay the arrear rents of a considerable sum. Such payment has been delayed. Pending payment the disposal of the Main Suit which is of the year 2004 is being held up. c) Accordingly, the ld. 1st Civil Court was pleased to allow the application u/s. 148 CPC filed by the present OP-defendants at a cost of Rs. 1,000 to be paid to the plaintiff to ensure compliance with the Order passed by the ld. Trial Court earlier on the 29th of February, 2008. The ld. 1st Civil Court was pleased to consider the number of instalments for payment of arrear rents to be fixed upon compliance by the present OP-defendants on payment of cost of Rs. 1,000. The ld. Trial Court was further pleased to observe that in the event of the failure of the OP-defendants to pay the cost awarded on and by 31st of March, 2010, the defence of the OP-defendants shall be liable to be struck off. Accordingly, the ld. Trial Court was pleased to fix 31st of March, 2010 for passing final Orders on the application u/s. 17(3) filed by the OP-defendants under the 1956 Act.
(3.) Sri Chatterjee, ld. Counsel appearing for the present petitioner-plaintiff submits that the said T.S. no. 142 of 2004 is a suit for eviction on the ground of default and reasonable requirement. The present OP-defendants contested the suit by filing written statement. The monthly rent of Rs. 7,000 payable according to the English calendar was not paid since February, 1995.;