PRAFULLA KUMAR PATRA Vs. VIVEKANANDA SEAL

JUDGEMENT

(1.) This revisional application raises a short but important question for determination.

(2.) The petitioners brought an ejectment suit against the opposite parties herein on grounds of default, sub-letting, reasonable requirement and contravention of the provisions of Clauses (m), (o) and (p) of Section 108 of the Transfer of Property Act.

(3.) After entering appearance, the opposite parties filed an application under Section 17(2) of the West Bengal Premises Tenancy Act, 1956 ('Act' for short) raising the contention that they had advanced a sum of Rs.19,600/- to the petitioners in three installments under a stipulation that until the entire sum was repaid, rent would be adjusted against the interest accruing on the said sum and since the amount was not repaid, they were under no obligation to pay any rent. Later on, by filing an application under Section 151, Code of Civil Procedure, they obtained an order from the trial court converting their application under Section 17(2) to one under Section 17(2A) of the Act.