JYOTIRMAY BHATTACHARYA, J.

(1) This second appeal is directed against the judgment of affirmance passed by the learned Civil Judge (Senior Division), 1st Court at Midnapore in other Appeal No.98 of 1996 affirming the judgment and the decree passed by the leaned Munsiff, 1st Court at Midnapore in other suit no.41 of 1982, at the instance of the plaintiffs/appellants.

(2) Let me give a short background of this case leading to the filing of instant second hereunder: The plaintiffs filed a suit for eviction against the defendant/respondent herein on various grounds under the West Bengal Premises Tenancy Act, 1956, such as (i) default in payment of rent since January, 1980, (ii) causing acts of waste and damages resulting material deterioration of the condition of the suit premises, (iii) causing nuisance and annoyance to the plaintiffs and their neighbours, (iv) change of user of the suit premises without obtaining permission in writing from the plaintiffs, (v) reasonable requirement of the plaintiffs and the members of their family and (vi) for building and rebuilding, addition or alteration of the suit premises. The defendant appeared in the said suit and filed his written statement denying the allegations made out by the plaintiffs in their plaint. The grounds on which such eviction was sought for by the plaintiffs, were denied by the defendant categorically. The service of ejectment notice upon the defendant and/or the legality, validity and/or sufficiency thereof, was also challenged in the said written statement.

(3) After entering appearance in the said suit, the defendant filed an application under Section 17(2) and (2A) of the West Bengal premises Tenancy Act, 1956. Though the relationship of landlord and tenant between the parties was not challenged by the defendant in the said application but the rate of rent and the period of default, were disputed by the defendant in the said application. The defendant stated that the rate of rent payable by the defendant in respect of the suit premises is Rs.30/- per month and not Rs.60/- as claimed by the plaintiffs. The defendant further stated that he deposited the rent in respect of the suit premises upto June, 1981. Thus, he disputed the plaintiffs claim to the effect that the defendant is a defaulter in payment of rent since Jaunary, 1980.

(4) The defendants said application was disposed of on contest vide Order No.149 dated 28.2.1986 by which the defendant was held to be a defaulter in payment of rent for the period from January, 1980 to June, 1981. The learned Trial Judge held that the rate of rent payable by the defendant is Rs.30/-per month. Accordingly, the learned Trial Judge directed the defendant to deposit the arrear rent of Rs.540 together with the statutory interest thereon in three equal monthly installments and first of such installments was directed to be paid by 15th March, 1986 and the subsequent installments within 15th of the successive months.

(5) The plaintiffs were not happy with the said order and as such, he challenged the said order in revision before this Honble Court. The said revisional application which was registered as C.O.1435 of 1986 was allowed by this Honble Court on 30th April, 1989. This Honble Court held that the rate of rent payable by the defendant is Rs.60/-per month. Accordingly, the learned Trial Judge was directed by this Honble Court to recalculate the arrear rent payable by the defendant @Rs.60/-per month and the interest payable thereon at the statutory rate.

(6) In terms of the aforesaid order of this Honble Court, the learned Trial Judge recalculated the arrear rent payable by the defendant together with the interest at statutory rate thereon after giving adjustment of the amount which the defendant had already deposited as per the order passed on the defendants application under Section 17(2) of the said Act. The learned Trial Judge, thus, held that a sum of Rs.3,870/-was payable by the defendant on account of arrear re