HARBANS KAUR Vs. IDEAL SUNRISE PROPERTIES LIMITED

JUDGEMENT

(1.) The present revisional application under section 115 of the Code of Civil Procedure challenges order No. 55 dated 28th February, 1986 and order No. 60 dated,30th April, 1986 passed by the learned Munsif, 4th Court, Howrah in Title Suit No. 28 of 1984.

(2.) By the first order, the learned Munsif has disposed of an application filed by the defendant/petitioner to decide the issue No, (vi). It was contended that after the promulgation of the Calcutta Thika Tenancy (Acquisition k Regulation) Act, 1981, the interest of the superior landlord has vested in the State of West Bengal and the defendant has become a tenant under the State of West Bengal and the Court has got no jurisdiction to try the suit as it has become not maintainable in law and the issue No. (vi) was suggested as to decide the question of jurisdiction of the court to try the case as to whether the defendant is a thika tenant under he plaintiff or not. Learned Munsif having considered the materials on record and disposed of the said application by deciding the issue No, (vi) as the Court has the jurisdiction to try the suit and the defendant is not a thika tenant under the plaintiff.

(3.) Being aggrieved the petitioner has come to this Court. The next order of challenge is the order No. 60 dated 30th April, 1986 as to the rejection of the petition of the defendant, under Section 151 of the Code of Civil Procedure, dated 23.12.85, as to condone the delay in depositing the amount equivalent to rent. The Learned Munsif found no explanation is to why the Challan could not be submitted on the 16th December 1985 and as such the same was rejected.