JUDGMENT :

(Shampa Sarkar, J.) :

1. The revisional application has been filed challenging an order dated February 28, 2023, passed by the Learned Civil Judge (Junior Division), 4th court at Serampore in Title Suit No.467 of 2022.

2. The opposite parties Nos. 1 to 4, instituted a suit for eviction and recovery of khas possession on the ground of reasonable requirement and default. The petitioners were the defendant Nos. 1 and 2, in the suit. The petitioners contested the suit by filing their written statement and denied the allegations made therein. The petitioners prayed for dismissal of the suit.

3. The petitioners filed an application under Section 7(1) of the West Bengal Premises Tenancy Act, 1997 (hereinafter referred to as the Act), contending, inter alia, that they had received the summons on September 2022 and permission be given to deposit the monthly rent of Rs. 1700 per month, from the month of September 2022.

4. The petitioners, thereafter, filed an application under Section 7(2) of the said Act. They contended that summons were served on September 9, 2022 and an application under Section 7(1) of the said Act had been filed claiming to be monthly tenants, at a monthly rent