PARESH CHANDRA CHANDRA Vs. KRISHNA CHANDRA GHOSH

JUDGEMENT

(1.) . - In this revisional application the defendant has challenged the order of the earned Munsif, 1st Court, Alipore dated Aug. 16, 1982-B Title Suit no. 482 of 1977.

(2.) The opposite party as plaintiff bi ought the said suit for eviction of the petitioner on the ground of default as also on other grounds. It was alleged that the defendant lord defaulted in payment of rent from April 1976 to June 1977 at the rate of Rs. 100 - per month. The suit was decreed ex part on March 21, 1980. On Jan. 17. 1981 the petitioner filed an application under Order 9 Rule 13 C.P. Code for setting aside the ex parte decree and the said application was registered as Misc Case no. 9 of 1981. On a joint petition filed by the parties or, June 20, 1981 the said miscellaneous case was allowed and the suit was restored. Thereafter, on July 23, 1981 the petitioner filed an application before the learned Munsif for noting that the decision made on June 20, 1981 in the miscellaneous case will be a decision in the petition under Sections cof the West Bengal Premises Tenancy Act (hereinafter referred to as the Act). The said application hat been rejected by the learned Munsif by his order dated Aug. 16, 1982. The learned Munsif held that the terms about the arrears of rent leached by tie parties at the time of setting aside the ex parte decree were not the points issue in the said misc case. The learned Munsif has further held that the order passed by the Court in the misc case was in respect of the misc. case and that cannot be considered to be an order in the suit as at that time, the suit itself was not in existence.

(3.) Being aggrieved, the petitioner hat challenged the said order in the present Rule.