Ishan Chandra Das, J. - (1.) Heard the learned Counsel for the parties.
(2.) In the instant revisional application the legality and propriety of the Order No. 167 dated 11th September, 2015 have been questioned by the petitioners who happen to be the defendants/tenants of Ejectment Suit No. 312/1996 before the City Civil Court, Calcutta and subsequently transferred & renumbered as Ejectment Suit No. 916 of 2000, now pending before learned Judge, 3rd Bench, Presidency Small Causes Court, Calcutta.
(3.) The background of the instant revisional application is that the petitioners being the defendants of the original Ejectment Suit No. 312 of 1996 (now Ejectment Suit No. 916 of 2000) applied for permission of the court to deposit the amount equivalent to the admitted rent and to decide the issues like rate of rent or arrears of rent in terms of Sec. 17(1) and 17(2) of the West Bengal Premises Tenancy Act, 1956 and they also applied for depositing the arrears of rent by instalments in terms of Sec. 17(2A)(a)(b) of the Act of 1956. Subsequently, they filed an application under Sec. 151 of the Code of Civil Procedure for fixation of the date of hearing of the application under Sec. 17(2A)(a)(b) of the Act, since the other two applications were disposed of but the prayer for depositing the arrears of rent by instalments was yet to be disposed of. The learned trial court in the order impugned held that no specific order need be passed on the petition under Sec. 17(2A)(a)(b) of the Act, but the order under Sec. 17(2) dated 15.06.2005, which is at page 63 of the application, covered the issue/question of instalments and direction was given to the petitioners herein to clear up their due rent and statutory interest by the date fixed (i.e., on 19.07.2005).;