Judgment :

Dr. Ajoy Kumar Mukherjee, J.

1. Petitioner herein has assailed the order dated 7th August, 2024 passed by the Civil Judge (Senior Division) 9th court Alipore in Ejectment Suit no.58 of 2022.

2. The principal opposite parties(OP) herein as landlords filed aforesaid Ejectment suit no. 58 of 2022 with a prayer for recovery of khas possession and consequential reliefs. The defendant/petitioners appeared in the suit after receiving summons and filed two applications under section 7(1) and 7(2) of the West Bengal Premises Tenancy Act, 1997 (in short Act of 1997). Plaintiffs /OP herein filed written objection against said application. Upon contested hearing learned Court below was pleased to dispose of said two applications by an order dated 17.08.2023, with the observation that the challans filed by the defendants portrays that they have paid the rent of the suit premises on and from the month of November, 2011 to October, 2022 before the Rent controller, except the month of May to July 2012. He further observed that the challans in connection with the deposit of monthly rent for the months of March, 2017 to November 2022 was made in the name of a dead person. He also observed that challans in support of payment of rent for the month May 2012 to July 2012 were never submitted and the defendants submitted Carbon copy of General Diary which reflect that the said challans are missing.

3. Based on the submissions made by the parties the court below further held that defendant failed to submit valid document in support of payment of rent for the months of September to October 2011, May to July, 2012 and March 2017 to November, 2022 and thereby calculated that the arrear rent for the aforesaid 68 months @ Rs. 9550/- per month is Rs. 6,97,150/-. However, the Court held that since the defendants have stated that they have made payment before the Rent controller in the name of dead person, being the original land lord for the period from March, 2017 till November, 2022 they were directed to withdraw such amount from Rent Controller and to deposit the same afresh before the court, so that the plaintiff can avail the same. He further held that since the defendants are required to make payment of rent for the month of September, 2011 to October 2011 and May 2012 to July 2012 and also from January 2023 to August, 2023, so they were directed to make payment of Rs. 1,24,150/- along with interest within one month of the date of the passing of the order without fail and they were further directed to make payment of the current rent from the month of September, 2023 within 7th of each succeeding month. Be it mentioned that aforesaid order was not challenged by either of the parties and it is also admitted position that the rate of rent in connection with suit premises is of Rs. 9550/- per month.

4. Since aforesaid payment was not done within one month from the date of passing of the order, in full satisfaction, the plaintiff opposite parties filed an application under section 7(3) of the Act of 1997 with prayer for striking out defence against delivery of possession. The petitioners herein filed written objection and they also filed an application under section 151 of the Code of Civil Procedure for passing necessary order to withdraw the deposited amount of Rs. 6,49,400/- from the office of the Rent Controller.

5. Thereafter the court below had taken up the aforesaid applications filed by plaintiff and defendants and by the impugned order came to a finding that the defendants in order to show that in compliance to order dated 17th August, 2023 they deposited the rent with the plaintiff, they have filed one challan dated 7th October, 2023, with their written objection and from the said challan, it appears that the defendant paid rent for the month of May to July, 2012 along with interest in the credit of plaintiff and beside that defendants did not make any payment towards arrear due. In respect of petitioners/defendants prayer for direction upo