(1.) This revisional application, at the instance of the defendant tenant is directed against the order no. 21 dated November 16, 2013 passed by the learned Chief Judge of the Small Causes Court at Calcutta in Ejectment Suit No. 267 of 2011. The opposite party filed the suit, seeking the eviction of the petitioner from the suit property under the West Bengal Premises Tenancy Act, 1997 (hereinafter referred to as "the Act of 1997"). By the impugned order, the learned Court below rejected the application filed by the petitioner defendant under Section 7(2) of the Act of 1997, on the ground of not being accompanied by deposit of the admitted arrear rent.
(2.) The short question of law that falls for consideration in this revisional application is whether in order to maintain an application under Section 7(2) of the Act of 1997 for adjudication of the dispute as to the amount of the rent payable by him, is it mandatory for the defendant tenant to deposit in the Court, the admitted arrear rent.
(3.) Shorn of details, the brief facts leading upto this revisional application are as follows.