SHIVAKANT PRASAD,J. - (1.) Affidavit of service filed in Court today be kept on record.
(2.) This revisional application is directed against Order no. 68 dated 19th April, 2017 passed by learned Judge, 3rd Bench, Small Causes Court at Calcutta in Ejectment Suit No. 36 of 2004, inter alia, on the ground that the learned Trial Court acted illegally and with material irregularities in exercise with its jurisdiction vested in it in rejecting the petitioner's application under section 151 of the Code of Civil Procedure without considering the facts that the petitioner was/is all along ready and willing to make the payment of 50% share of the rent in the learned Court below and the petitioner has already made the payment of the 50% share of the rent. Accordingly, the petitioner has prayed for setting aside the order impugned as bad in law and in fact.
(3.) The petitioner is a monthly tenant in respect of the suit premises payable according to the English calendar month. The plaintiffs/opposite parties filed Eviction Suit before the learned Trial Court for recovery of khas possession that the defendant/petitioner entered appearance and filed an application under Section 7(1) of the West Bengal Premises Tenancy Act, 1997 with a prayer for an order to permit him to deposit the rent for the month of October, 2005 and the arrear rent, if any, together with interest being the rent @ Rs. 45/- per month. The petitioner also filed an application under Section 7(2) of the Act praying for determination of the quantum of rent and the relationship between the landlord and tenant and upon objection being submitted on behalf of the plaintiffs/landlords against the aforesaid application the application was taken up for hearing and was decided by the order dated 1st February, 2012 whereby the learned Trial Court directed the petitioner/defendant to deposit the arrears of rent determining the quantum of rent at the rate of Rs. 100/- per month.;