Bibek Chaudhuri, J. - (1.) Legality, validity and propriety of order No.108 dated 19th July, 2016 passed by the learned Civil Judge (Junior Division), 2nd Court at Berhampore in Other Suit no.232 of 2008 are challenged by the plaintiffs of the suit (hereafter described as the petitioners).
(2.) The petitioners as plaintiffs filed a suit for eviction and recovery of khas possession against the opposite parties in the Court of learned Civil Judge (Junior Division), 2nd Court at Berhampore under the provisions of West Bengal Premises Tenancy Act, 1997 on the ground of default amongst other grounds. Subject matter of the suit is a shop room in respect of which the opposite parties were tenants at a monthly rental of Rs.80/- according to Bengali Calendar month.
(3.) The opposite parties entered appearance in O.S No.232 of 2008 and filed an application under section 7(1) of the said Act praying for depositing the current rent at the rate of Rs.80/- per month from the month of Baisakh, 1416 B.S. The opposite parties also filed another application under section 7(2) of the said Act stating, inter alia, that they paid rent to the petitioners up to the month of Agrahayan, 1414 B.S. Therefore on the petitioners' refusal to accept rent, the opposite parties deposited rent for the months of Poush, 1414 to Chaitra, 1415 in the office of the Rent Controller.;