JUDGMENT :

Ajoy Kumar Mukherjee , J.

1. This instant revisonal application has been directed against an order dated September, 07, 2021 passed by learned Civil Judge (Junior Divisions) 1st Court, Sealdah, in Ejectment Suit no. 10 of 2009, thereby disposing an application under section 7(2) of the West Bengal Premises Tenancy Act, 1997( in short Act of 1997) directing the opposite parties herein to pay a sum of Rs. 2474/- as arrear rent along with interest by the next date. By the self same order the opposite parties were further directed to continue depositing the sum equivalent to the rate of rent month by month.

2. The factual matrix of the present case is that the petitioners herein as plaintiff filed a suit for eviction and mesne profits in respect of the suit property. The opposite parties herein as defendants appeared in the said suit and also filed application under section 7(2) of the Act of 1997 for adjudication of the relationship between the parties and also for adjudication of the arrears of rent. The plaintiff /petitioner filed written objection to the said application denying and disputing all the allegations stated in the said application.

3. Petitioner contended that previously petitioner along with his wife issued a notice to quit to the predecessor in interest of the defendants/opposite parties herein and subsequently filed a suit being T.S. No. 92 of 2001 (not the present one) on the ground of default in payment of rent and reasonable requirement. Said earlier suit was decreed vide judgment dated 30.03.2006. Present defendants preferred an appeal being T.A. no. 57 of 2006 against the said eviction decree passed by the Trial Court. Thereafter learned First Appellate Court was pleased to remand the case for adjudicating the suit afresh. Upon remand the Trial Court was pleased to observe that the notice to quit was not in proper form and thus suffered from technical defect, which ultimately compelled the petitioner to withdraw the suit.

4. Petitioner’s further contention is that defendant/opposite parties herein also filed petition under section 17(1) & (2) of the West Bengal Premises Tenancy Act, 1956( in short Act of 1956) in the said previous Title suit No. 92 of 2001 and in the aforesaid judgment passed in said T.S. No. 92 of 2001, the Trial Court decided issue no. 3 as follows:-

“The application under section 17(2) of West Bengal Premises Tenancy Act, was disposed of on 10.10.2001. the defendant complied the order of the court regarding payment of arrears rent. Scrutiny of the record reveals that the defendant has complied the provision of section 17(1) of West Bengal premises Tenancy Act all along. There is no pre-suit or post suit default on the part of the defendant. Consequently the defendant is entitled to get the relief under section 17(4) of West Bengal Premises Tenancy Act. Hence, this issue is decided in favour of the defendant, against the plaintiff.”

5. Now it is submitted by the petitioner that in the instant suit being Ejectment Suit no. 10 of 2009, the tenant/defendant/opposite parties herein also filed application under section 7(2) of the Act of 1997 and learned Trial Court after hearing both the parties by an order dated 14.12.2017 held that the defendants/opposite parties are not liable to pay any arrear of rent. Being aggrieved by that order plaintiff/petitioners preferred revisional application before this court being C.O. 3554 of 2019 and this High Court by its order dated 23.02.2021 had disposed of the said Application directing the learned Trial Judge to decide the application under section 7(2) of the Act of 1997, afresh in accordance with law, on the basis of evidence already on record. Learned Trial Judge according to the direction of the High Court had taken up defendant/opposite parties application under section 7(2) of the Act of 1997 afresh and by the impugned order held that there exists landlord tenant relationship between the parties and the total arrears of rent along with intere