CHAMPALAL LUNIA Vs. GULAB DEVI

JUDGEMENT

(1.) This is a Rule under Section 115, Civil P. C. and it is 'directed against two orders made by the Presidency Small Cause Court Judge, dated 15-6-1950 and 7-8-1950.

(2.) It seems that opposite parties 1 and 2 started a proceeding for recovery of possession against opposite party 3 under Section 41, Presidency Small Cause Courts Act in respect of one room in the first floor of premises No. 3, Baisakh Street, Calcutta, and this proceeding was registered as Suit No. 12910 of 1949. On 15-8-1950, when the suit was taken up for hearing, the petitioner filed an application to the Court alleging that the plaintiffs and the defendant of the aforesaid suit were colluding with each for the purpose of evicting the petitioner who, according to his allegation, was a sub-tenant under opposite party 3. The Court rejected this application on the ground that it was premature, and the Court observed that the point raised by the petitioner would arise and the petitioner might apply for relief when the plaintiffs went to take delivery of possession on the basis of the order for possession that might be passed by the Court. The application filed by the petitioner was therefore rejected and the Court proceeded to make an order for delivery of possession.

(3.) Later on when the plaintiffs went to take delivery of possession on the basis of the aforesaid order, the petitioner offered resistance and the plaintiffs thereupon applied to the Court for police help under the provisions of Order 21, Rule 97, Civil P. C. and to this application the petitioner filed an objection alleging that he was a statutory subtenant under the provisions of Section 11 (3), West Bengal Premises Rent Control Act, 1948. The Court rejected the objection filed by the petitioner by an order dated 7-8-1950 relying upon a Division Bench judgment of this Court in Civil Rule No. 226 of 1949. Against these two orders the petitioner has obtained the present Rule.