MD ISMAL KHAN Vs. M H I KHAN

JUDGEMENT

(1.) THIS application is at the instance of the defendant and is directed against the Order No.128 dated September 22, 2010 passed by the learned Judge, Small Causes Court, 2 nd Bench, Calcutta in Ejectment Case No.1264 of 2000 thereby rejecting an application under Section 151 of the C.P.C.

(2.) THE short fact is that the plaintiffs / opposite parties herein instituted a suit for ejectment being Ejectment Suit No.1264 of 2000 before the learned Judge, Small Causes Court, 2 nd Bench, Calcutta against the petitioner for eviction on the ground 2 of default. The petitioner entered an appearance and filed an application under Section 17(2) of the West Bengal Premises Tenancy Act, 1956 and that petition was disposed of by the order dated April 3, 2001 holding that the defendant was a defaulter in payment of rent since February 1992 to March 2001 at the rate of Rs.150/ - per month and that the defendant was liable to pay the statutory interest. The defendant filed an application for recall of that order and that prayer was rejected. Thereafter, the defendant moved the Hon'ble High Court by filing a revisional application being C.O. No.1716 of 2010 and that revisional application was also rejected by the order dated August 4, 2010.

(3.) UNDER the circumstances, the defendant wants to deposit the entire arrears of rent from February 1992 to March 2001 and also the rent from April 2001 to August 2010 along with statutory interest.