HARIDHAN ROY CHOWDHURY Vs. BISWA SEKHAR MONDAL

JUDGEMENT

(1.) THE petitioners are the defendants 1 and 2 in a suit for eviction, registered as Title Suit No.97 of 2008, pending on the file of the learned Assistant District Judge, 1st Court, South 24 Parganas at Alipore, instituted by the plaintiff/opposite party no.1 (hereafter the plaintiff).

(2.) AN application under Section 17(2) of the West Bengal Premises Tenancy Act, 1956 (hereafter the Act) had been filed by the petitioners praying for adjudication as to whether relationship of landlord and tenant between the plaintiff and them existed or not and in the event the answer be in the affirmative, to adjudicate the quantum of arrears of rent in respect of the suit premises. AN application under Section 17(2A) of the Act was also filed by the petitioners praying for necessary order permitting them to pay arrears of rent, if any, by easy monthly instalments.

(3.) BY order no.92 dated September 29, 2010, the learned Judge was of the view that the petitioners committed default in payment of rent from April 1992 and directed payment of arrears of rent together with interest w.e.f. April, 1992 by November 30, 2010. The quantum of arrears, however, was not calculated. This order is the subject matter of challenge in the present revisional application under Article 227 of the Constitution.