RABIN BHATTACHARYYA, J. - (1.) THIS revisional application is directed against the order No. 55 dated 25.9.1994 passed by the learned Judge 10th Bench of the City Civil Court in Ejectment Suit No. 637 of 1989.
(2.) UNCONTROVERTED facts of the case are that the plaintiff instituted a suit for eviction of the petitioner tenant from the premises on the ground of reasonable requirement. A silence all along was maintained in the suit about the default committed in respect of payment of rent by the petitioner. However, the tenant/defendant, who is the petitioner before me, as a matter of abundant precaution, preferred an application under Section 17(2) of the West Bengal Premises Tenancy Act, 1956 for determination of arrears of rent, if any, including the determination of relationship of landlord and tenant between the parties, coupled with further application under Section 17(2A) (b) of the West Bengal Premises Tenancy Act, 1956 to grant instalment of arrears of rent, if found due. The petitioner/defendant also put in another application within the fold of section 17(1) of the said Act to deposit the current rent. The material defence cultivated by the landlord is about the non- maintainability of the applications and the overwhelming default committed by the tenant defendant in respect of payment of rent, since May, 1989 to September, 1989. Ultimately, the application suffered dismisal. To enliven the claim and to snatch an order from the Court, the tenant petitioner lodged an application under Section 151 of C.P.C. with the Court with a prayer for setting aside the order passed on 23.5.1994.
(3.) THE learned Court below, after due consideration of the submissions and the materials reflected in the application preferred under section 151 of C.P.C., rejected the claim holding that the application was devoid of merit, since the earlier application was heard and disposed of in presence of the parties when this revision for reversal of the order impugned.;