LAKSHMI KANTA JHA Vs. NILKANTA GHOSAL

JUDGEMENT

(1.) This is the landlord's application for a Certificate for leave to appeal to the Supreme Court under Article 133(1) (a) and (b) of the Constitution.

(2.) The matter arises out of a suit for ejectment of a tenant. The suit was decreed in full by the two courts below, but, in this Court, that decree was changed to a decree for partial eviction. Against this decree for partial eviction, the landlords are desirous of filing an appeal to the Supreme Court, and, accordingly, they have made the present application for a certificate under Article 133(1) (a) and (b) of the Constitution.

(3.) There is no dispute that, in the instant case, the judgment of this Court is not a judgment of affirmance. The only point, therefore, will be whether the Instant case will satisfy the valuation test, required for purposes of the said clauses or any of them.