Sahidullah Munshi, J. - (1.) This revisional application under Article 227 of the Constitution of India is directed against order no.18 dated 14th January, 2015, passed by the learned Judge, 5th Bench, Small Causes Court at Calcutta in Ejectment Suit No.27 of 2013. By the order impugned the learned Judge has struck off the defence of the defendant against delivery of possession in respect of the suit premises under Section 7(3) of the West Bengal Premises Tenancy Act, 1997.
(2.) The present revisional application has been filed by the defendant/tenant and has prayed for setting aside the order impugned, inter alia, on the grounds - 1) That the learned Court below has acted illegally and with material irregularity in allowing the petition under Section 7(3) of the West Bengal Premises Tenancy Act, 1997, striking out the defence against delivery of possession in respect of the suit premises. 2) That the order passed under Section 7(2) of the said Act, was without jurisdiction being passed by the learned Chief Judge, City Civil Court at Calcutta.
(3.) It is on record that an order was passed by the learned Chief Judge, City Civil Court on 27th November, 2013, dismissing defendant/tenant's application under Section 7(2) of the West Bengal Premises Tenancy Act, 1997, whereby the defendant prayed before the Court to decide the arrear rent due and payable by the defendant/tenant and to permit him to deposit the same together with statutory interest in easy instalments. Assailing the order dated 27th November, 2013, the defendant/tenant filed a revisional application before this Hon'ble Court being C.O. No.921 of 2014.;