Sabyasachi Bhattacharyya, J. - (1.) The present application under Article 227 of the Constitution of India arises at the instance of the defendants in a suit for eviction on the ground that the defendants/petitioners are trespassers upon the expiry of five years from the commencement of the West Bengal Premises Tenancy Act, 1997 (hereinafter referred to as "the 1997 Act"), in view of the prior death of the original tenant, who was the predecessor-in-interest of the present petitioners, invoking Section 2(g) of the 1997 Act.
(2.) The petitioners prayed for framing of preliminary issues as regards maintainability of the suit, in consonance with which the following issues were framed: i. Whether the present suit is barred under Order XXIII Rule 1(4) of the Code of Civil Procedure? ii. Whether the present suit is barred under Order XXII Rule 9 of the Code of Civil Procedure?
(3.) By virtue of the impugned order dated October 6, 2018, the trial court decided the issues in the negative, against the defendants and in favour of the plaintiff. Being thus aggrieved, the defendants have preferred the instant application under Article 227 of the Constitution of India.;