P.K. Banerjee, J. - (1.) This revisional application is one under Article 227 of the Constitution of India and is directed against order dated July 20, 2006 passed by the Learned Civil Judge, Junior Division, Purulia in Title Suit No. 328 of 1981.
(2.) The said suit was brought by the present Opposite Parties against the present Petitioners praying for eviction of Defendants on the ground of reasonable requirement. The Defendants after appearance filed application under Sec. 17(1), 17(2) & 17(2A) of the West Bengal Premises Tenancy Act.
(3.) The Plaintiff subsequently filed one application under Sec. 17(3) of the West Bengal Premises Tenancy Act on April 2006 praying for striking out the defence of the Defendants against delivery of possession. In that application the Plaintiff took the specific plea that the Defendants are the tenant under them at a monthly rent of Rs. 100/ - payable according to Bengali calendar month. The Plaintiffs also took the plea that the Defendants stopped depositing the rent from Kartick 1409 B.S. As there was willful laches and negligence on the part of the Defendants in depositing the rent within the stipulate period as per provision of Sec. 17(1) of West Bengal Premises Tenancy Act, they filed the application under Sec. 17(3) of the West Bengal Premises Tenancy Act.;