(1.) This second appeal is at the instance of the tenant-defendants in a suit for eviction and is preferred against a judgement of affirmation.

(2.) The respondents filed a suit for eviction of the present appellants on various grounds including the ground of default.

(3.) After entering appearance in the suit the present appellants filed an application under section 17(2) of the West Bengal Premises Tenancy Act, but such application was dismissed on the ground that the same was not maintainable as the West Bengal Premises Tenancy Act has no application to the area where the suit premises are situated.

(4.) It appears that the present appellants preferred a revisional application under section 115A of the Code of Civil Procedure before the learned Revisional Court below, but the same was found to be not maintainable in view of amendment of Code of Civil Procedure. The appellants however did not pursue further and came up with an application for amendment of written statement alleging that the tenancy was for manufacturing purpose. Such application for amendment, however, was not pressed.

(5.) The learned Trial Judge on consideration of the materials on record held that