MIRABALA DASI Vs. BINAPANI DASSI

JUDGEMENT

(1.) This Rule was obtained by a tenant defendant against the order passed in appeal by the Chief Judge of the Small Cause Court and another Judge of the Small Cause Court, Mr. S. C. Biswas. They passed that order in appeal against the decision of the Judge Mr. P. M. Lahiri, another Judge of the Small Cause Court in an ejectment suit,...... under the West Bengal Premises Rent Control Act.

(2.) A preliminary point has been taken that as a second appeal lies against the decree that was passed in appeal the Court cannot interfere under Section 115 of the Code of Civil Procedure with the order that has been passed.

(3.) In our judgment this objection should succeed. The West Bengal Premises Bent Control Act has made special provision as regards the hearing of these ejectment suits and as regards appeals from decrees passed in those suits. Section 16 of the Act provides as follows: