( 1 ) THIS rule was obtained by the petitioners who are tenants against an order dated 1st February 1949 passed by Mr. M Mukherji, learned Judge, Court of Small Causes, Calcutta, 6th Bench, rejecting an application under Section 18, West Bengal Premises Rent Control (Temporary Provisions) Act (XXXVIII [38] of 1948 ).

( 2 ) THE case of the petitioners is that their predecessor was a tenant in respect of premises No. 38/4b Baghbazar Street. The landlord served a notice to quit under Section 106 T. P. Act, and started proceedings under Section 41, Presidency Small Cause Courts Act on the ground of default. The petitioners filed written statements disputing the fact that they were defaulters. On 24th August 1948 an order was made under Section 41, Presidency Small Cause Courts Act. It appears that the petitioners deposited the arrears up to July 1948. It is alleged that since the passing of the order under Section 41 they are depositing rent before the Rent Controller. On 1st December 1948 the West Bengal Premises Rent Control (Temporary Provisions) Act (XXXVIII [38] of 1948) came into force. On 7th January 1949 the petitioners made an application under Section 18 of th