The landlord Sudera Enterprises Pvt. Ltd. levied distress-warrant under section 53 of Presidency Small Cause Court Act, 1882 against two tenants Puspa Devi Gourisaria and Jaikrishnan Pratap Rai Gangawani figuring as petitioners in two revisional cases for arrears of rent for eleven moths form July, 1988 to May, 1989, in the Presidency Small Causes Court, Calcutta in respect of shop rooms in air conditioned market at, Shakespeare Sarani. The Registrar issued distress warrant in Distress Case Nos. 29 and 30 of 1989 against the tenants. The tenants filed objection under section 60 of the said Act before the fifth Bench of the Court of Small Causes. The court overruled all the objections of the tenants and dismissed the application on 24.7.89. The tenants feel a aggrieved by the decision.

2. The tenants now challenge the levy of distress Common question calls for consideration in both the cases.

3. Mr. Roychowdhury appearing for the tenants-petitioners contends that in these cases levy of distress warrant is unwarranted both on facts and law.

4. Section 53 Presidency Small Cause Courts Act, 1882 reads.

Application for distress warrant-Any person claiming to be entitled to arrears o