( 1 ) IN a suit for ejectment the tenants-petitioners filed an application (Annexure A to the affidavit-in-opposition) for hearing all the issues touching the dispute as to the existence of relationship of landlord and tenant along with their application under sections 17 (2), 17 (2a) (b) of the West Bengal Premises Tenancy Act hereinafter called the Act.

( 2 ) BY virtue of a petition under section 151 C. P. C. the tenants amended their application under sections 17 (2), 17 (2a) (b) of the Act to challenge the relationship. They have annexed copy of the said application as Annexure 'b' to their revisional application.

( 3 ) THE fifth Bench of the City Civil Court by order No. 70 dated 8. 12. 80 passed in Ejectment Suit No. 770 of 1983 has rejected the application. The said order is under impeachment in this revisional application.

( 4 ) MR. Bhattacharyya appearing for the petitioners-tenants contends that in order to dispose of an application under section 17 (2) of the Act. the Court must decide the dispute as to the existence of relationship of landlord and tenant. Reliance is placed upon an observation of the Division Bench in Biswanath Roy vs. Annapurna Roy