Siddhartha Chattopadhyay, J. - (1.) Challenge in this revisional application is to the Orders No. 149 dated February 23, 2017; Order No. 155 dated July 20, 2017 and Order No. 157 dated August 7, 2017 passed by the learned Judge 2nd Bench, Small Causes Court in connection with Ejectment Suit No. 258 of 2001.
(2.) The present petitioners are the plaintiffs of that Ejectment Suit No. 55 of 1995. He has filed the suit against the defendant/opposite party on the ground of reasonable requirement and default in payment of rent since April 1989. According to the petitioners, initially one Ghanshyam Das Agarwal was a monthly tenant under one Achambhelal Sadh, since deceased, in respect of three rooms on the first floor of Premises No. 9, Chore Bagan Lane, P.S. Jorasanko, Calcutta-700007 at rental of Rs.205/- payable according to English Calendar month. The said Achambhelal Sadh died leaving a registered Will and by which he bequeathed his properties to the petitioners. In the year 1991 he obtained a letter of administration in respect of the said will and took charge of all the properties in terms of the said will. He used to collect rent from the tenant of the suit premises by granting rent receipts. On 7th July, 1994, he had sent a notice to quit to the predecessor of the opposite party and since they did not respond to such notice he has filed an ejectment suit. The defendant/tenant, however, entered appearance and contested the said ejectment suit. Initially Ghanshyam Das Agarwal was contesting and after his demise the present respondents have been substituted and now they are carrying on the said litigation. In the year 2001 the said ejectment suit was transferred from the City Civil Court at Calcutta, Presidency Small Causes Court at Calcutta and the suit was renumbered as Ejectment Suit No. 258 of 2001. In spite of having such knowledge the defendant/tenant had been depositing the current the rent in the City Civil Court at Calcutta up to the month of December 2004 to the credit of the petitioners without depositing the same before the trial court i.e. Presidency Small Causes Court at Calcutta. Since the defendant/tenant did not pay the rent even after appearance before the appropriate forum, he filed an application under Section 17(3) of West Bengal Premises Tenancy Act 1956 seeking for an order of striking out the defence of the defendant against delivery of possession of the suit premises.
(3.) After the case was transferred to the Small Causes Court at Calcutta the defendant appeared there and filed an application under Section 17(1) of the said Act, for an order to deposit rent in the Small Causes Court at Calcutta. In the meantime, the original defendant being died, their successors were substituted and accordingly on 22.08.2014, they have filed an application under Section 151 of C.P.C. with a prayer for an order from the learned trial court that their deposit of rent in City Civil Court be treated as a valid deposit. The learned trial court allowed the said prayer of the defendants by showing reason in the impugned orders.;