Ashis Kumar Chakraborty, J.

This revisional application has been filed by the plaintiff landlord in Ejectment Suit No. 153 of 2004 pending before the learned Civil Judge (Junior Division), First Court at Alipore. The plaintiff/petitioner filed, the said ejectment suit under the provisions contained in West Bengal Premises Tenancy Act, 1997 (hereinafter referred to "the 1997 Act") against Ramesh Kumar Gupta, since deceased (hereinafter stated as "the original opposite party") claiming his eviction from the suit property being Flat No. 20 of Premises No. 23A /76A, Diamond Harbour Road, New Alipore, Block-E, Kolkata.

2. In the plaint filed in the ejectment suit, the petitioner stated that the monthly rent which was payable by the original opposite party in respect of the suit property was Rs. 1,100/- per month. One of the grounds of eviction stated in the plaint was that the opposite party defaulted in payment of rent since January, 1993. The original opposite party filed an application, under Section 7(2) of the said 1997 Act, before the Additional Rent Controller. During pendency of the said application, the power to decide an application under Section 7(2) of the said Act v