Mir Dara Sheko, J. - (1.) The CO being No. 1904 of 2016 along with CO No. 1332 of 2016 and CO No. 1923 of 2016, were heard simultaneously, since point at issue was the same and identical, as to whether after determination of the arrears of rent and direction of the Court for making its deposit with statutory interest, if default recurred during pendency of the eviction suit in the matter of making such deposit of the sum equivalent to the rent payable in the suit premises, in that case whether said default is condonable, or alternatively, for making such default the defence against delivery of possession is to be struck out.
(2.) The point at issue was dealt with in details by discussing various cases cited at the bar in the case of Mithun @ Akhtar Ali. v. Sk. Azizul Haque and Ors. in CO. No. 1332 of 2016 , effect of which shall also be followed in the instant case.
(3.) In the case on hand, learned Civil Judge (Junior Division) II Court, Asansol in the suit by determining the arrears of rent directed the petitioners/defendants/tenants (who will be called on hereinafter shortly as the petitioners) to satisfy the arrear amount by 10 equal instalments and also were directed for making payment of the current rent from the month of November 2011, thenceforth, in accordance with law. Instead of complying the said order however, was tested by filing one application under Article 227 of the Constitution of India being CO No. 803 of 2012. This Court on 26th June 2012, virtually by upholding the order of the learned trial court, with a rider regarding payment of current rent disposed of the C.O. with direction, which is set out hereunder: "If there is any default in payment of the current rent from November 2011, such default may be made good in course of the next two months".;