( 1 ) THIS Rule is directed against the order of the learned Judge of the Presidency Small Cause Court, Calcutta dismissing in one single judgment eight objections by eight set of tenants to the eight distress warrants issued by that Court. It raises the important question of the nature, scope and validity of the distress procedure provided in Chapter VIII of the Presidency Small Cause Courts Act.

( 2 ) THE main objections to these distress warrants can be classified broadly under two heads. The first objection is a plea of payment. The second objection is that the landlord, Gosto Behari Sarcar, was not alone entitled to maintain the application for distress warrant and get an order for such a warrant.

( 3 ) THE facts briefly are as follows: A private company by the name of Sarkar Estate Private Ltd. was ordered by this Court to be wound up on the 4th March 1960. Upto August 1960 rent was paid by these petitioner-tenants to Gosto Behari Sarcar and Brothers (Sarkar Estate Private Ltd.) at 34/a and 34/b Sashi Bhusan De Street. The rent for the month of September 1960 was sent by money-order to Gosta Behari Sarcar and Brothers (Sarkar Estates Private Ltd.) addres