( 1 ) THIS Rule is directed against Order dated 17th January, 1979 passed under Section 38 of the Presidency Small Causes Courts Act by the Full Bench, Small Causes Court, Calcutta in Title Suit No. 2673 of 1974 setting aside the judgment passed by the learned Judge, 6th Bench of the said Court. It appears that the petitioners instituted a suit being Suit No. 2673 of 1974 of the 6th Bench of the Calcutta Small Causes Court against the opposite parties for recovery of arrears of rent in respect of premises No. 19e, Shib Sankar Mullick Lane, Calcutta. The plaintiff-petitioners contended that the opposite parties were thika tenants and defaulted in payment of rent since Baisakh 1375 B. S. and the suit was filed for realization of the rent from Agrahayan 1378 B. S. upto Jaistha 1381 B. S. because the other arrears had become barred by limitation at the time of institution of the suit. It appears that in the written statement filed in the said suit by the defendants there was an averment to the effect that the property in question was required to be registered under the Land Registration Act and as no such registration was effected, the landlord was precluded from realizin