SAHADAT KHAN Vs. MOHAMMAD HOSSAIN

JUDGEMENT

(1.) This rule was obtained by the defendant petitioner and is directed against an order dated 17-6-1952 passed by Shri S. C. Sen Gupta, Chief Judge and Shri S. K. Roy, Judge 6th Bench. Court of Small Causes, Calcutta dismissing an appeal from an order dated 3-5-1952 passed by Sri P. M. Lahiri, Judge, 2nd Bench.

(2.) The facts are as follows: In 1951, the plaintiff opposite party instituted a suit for ejectment of the defendant petitioner on the ground that he reasonably required the portion of the premises No. 3 Ripon Lane, Calcutta held by the defendant petitioner as his tenant at a rent of Rs. 60 per month, for his own use and occupation. The suit was valued at Rs. 720/- only. The suit was decreed ex parte on 14-1-1952 and in execution of the said decree the plaintiff opposite party took possession. The defendant petitioner thereupon filed an application under Order 9, Rule 13, Civil P. C. for setting aside the ex 'parte decree on the ground that no notice or summons of the suit was served on him and that he came to Know of the suit for the first time when, the plaintiff opposite party took possession. The application was dismissed on 3-5-1952 by Shri p. M.. Lahiri Judge 2nd Bench.

(3.) Against this order the defendant petitioner filed an appeal before a Special Bench constituted in accordance with Section 32(6) (ii), West Bengal Premises Rent Control (Temporary Provisions) Act, 1950 hereinafter called the Rent Control Act 1950. The appeal was heard by a Special Bench consisting of the Chief Judge and the Judge 6th Bench and was dismissed on 17-6-1952. The appeal was dismissed on the ground that no appeal lay from the order of the Judge, 2nd Bench, The Special Bench did not record any reasons for the view taken by it. Against the order of the Special Bench the defendant petitioner moved this Court in revision under Section 115, Civil P. C. and obtained the present rule.