Sahidullah Munshi, J. - (1.) This second appeal at the instance of the defendant is directed against the judgment and decree dated 21st July, 2004 passed in Title Appeal No.106 of 2002 affirming those dated 29th April, 2002, passed by the learned Civil Judge (Junior Division), 1st Court, Howrah, in Title Suit No.9 of 1999.
(2.) The instant appeal was admitted by a Division Bench of this Court by an order dated 8th June, 2005 and an order of stay of all further proceeding in Title Execution Case No.20 of 2004 pending in the Court of the Civil Judge (Junior Division), 1st Court, Howrah, was granted on condition that the appellants would go on depositing an amount equivalent to the rent with the Executing Court every month within fifteenth day of the month next following and first such for the month of June, 2005 was directed to be deposited by 15th of July, 2005. The appellants were also directed to pay all arrears of rent, if any, within 15th of July, 2005 before Executing Court.
(3.) While admitting the appeal, the Division Bench formulated the question of law on which the appeal is to be heard. The said question is as follows : "Whether the learned Court of appeal below committed substantial error of law in holding that the present appellants got protection under Section 17(4) of the West Bengal Premises Tenancy Act in the earlier suit being Title Suit No.141 of 1988 by totally overlooking the fact that the suit was dismissed as not maintainable for want of a valid notice under Section 80 of the Code of Civil Procedure";