Sabyasachi Bhattacharyya, J. - (1.) The defendants in an eviction suit, filed by the opposite parties under the West Bengal Premises Tenancy Act, 1997 have preferred the instant revisional application. By the impugned order, the Trial Court allowed an application filed by the plaintiffs/opposite parties under Section 7(3) of the West Bengal Premises Tenancy Act, 1997 (hereinafter referred to as "the 1997 Act"), thereby striking out the defence against delivery of possession of the petitioners and fixing the suit for peremptory hearing.
(2.) The basis on which the Trial Court proceeded was that the defendants/petitioners had neither filed any application under Section 7(2) of the 1997 Act, nor made any deposit either the said provision or under Section 7(1) of the 1997 Act. It was further held by the Court below that a previous suit, bearing Title Suit No. 371 of 2002, filed by the defendants had been dismissed for default on February 14, 2011. Such suit was apparently filed on the ground of adverse possession, as per the finding of the Trial Court.
(3.) Learned counsel for the petitioners contended that the petitioners categorically disputed the landlord-tenant relationship between the parties. Learned counsel places various portions of the defendants' written objection to the application under Section 7(3) in support of the contention that the defendants/petitioners had clearly denied the title as well as landlordship of the opposite parties in respect of the suit premises in several places of such objection.;