Harish Tandon, J. - (1.) This revisional application is directed against order no. 44 dated 25th October 2017 passed by the learned Civil Judge (Junior Division), 1st Court, Howrah in Title Suit No. 578 of 2015, by which an application under Section 7(2) of the West Bengal Premises Tenancy Act, 1997 (hereinafter referred to as 'said Act') is rejected and simultaneously the defence of the defendant/petitioner was struck off.
(2.) It is a suit by the plaintiffs/opposite parties seeking eviction of the defendant/petitioner solely on the ground of default. In paragraph 1 of the plaint, the plaintiffs/opposite parties have categorically averred that they are the joint owners of the suit property and the defendant is a tenant at the rent of Rs. 22/- per month payable according to English calendar. It is alleged that the defendant/petitioner is a defaulter in payment of rent since the month of January 1986 and despite having served with the notice under Section 20 of the said Act for enhancement of rent, he failed and neglected to pay the same.
(3.) After entering appearance, the petitioner filed an application under Section 7(2) of the said Act raising a dispute not only on the period of default but on the rate of rent as well as the relationship of the landlord and tenant. It is alleged in the said application that the petitioner was inducted as a monthly tenant of one Ram Gopal Chamaria, the husband of Smt. Tribeni Devi Chamaaria and the rent was being collected through the Rent Controller. Subsequently, one Raghu Nath Prasad Boobna claiming himself to be the Receiver appointed by the court collected rent up to the month of December 2014 and the rent receipt was granted up to the month of December 1985.;