(1.) THIS revisional application raises an important question for determination. The facts leading On to the application are as under.
(2.) OPPOSITE Party Nos, 1 and 2 instituted a suit, being Title Suit no. . 147 of 1973 of the 1st Court of the learned Munsif at Hooghiy, for eviction of the tenant Saktipada Mailick from the suit premises or the ground of requisite default in payment of rent. Saktipada Mailick died during the pendency of the suit and was substitutes by the petitioner and oppositie party Nos- 3 to 10 as his. heirs and legal representatives.
(3.) AFTER service of summons upon opposite party Nos. 3 to 10 they entered appearance and moved an application under Section 17 (2) of the West Bengal Premises Tenancy Act, 1956 ("act" for short ).