BISWESWAR GHOSH Vs. RAJAT KUMAR SINHA

JUDGEMENT

(1.) This application under Article 227 of the Constitution of India has been filed against the order dated 30th June, 2004 passed by the learned Additional District Judge, 2nd Court, Paschim Medinipur in Civil Revision Case No. 68 of 2001 modifying the order No. 115 dated 14th December, 2000 passed by the learned Civil Judge, Junior Division, 2nd Court, Midnapore in O.S. No. 151 of 1994.

(2.) The petitioners being the landlords of the premises filed the suit against the opposite party herein being O.S. No. 151 of 1994 before the Court of the learned Civil Judge, Junior Division, 2nd Court, Midnapore, inter alia, praying for a decree of eviction. The opposite party has filed the written statement in the said suit denying all the allegations. The opposite party filed three applications under Sections 17(1), 17(2) and 17 (2A) of the West Bengal Premises Tenancy Act, 1956 for determination of rate of rent, deposit of arrear rent in Court and also payment of such rent by way of instalments.

(3.) The petitioners filed an objection to the said applications. The parties led oral evidence in support of their versions.