ASHALATA MITRA Vs. A D VIZ

JUDGEMENT

(1.) This application in revision is directed against an order of the learned District Judge of 24-Parganas, dated 19-11-1955, holding that the appeal was maintainable and fixing 7-1-1956 for the hearing of the appeal.

(2.) The petitioner landlord instituted against the opposite party tenant a suit for ejectment in the court of the 4th Subordinate Judge, Alipore. By an order dated 24-8-1955, the learned Subordinate Judge passed an order striking out the defence of the tenant opposite party on the ground that he had not deposited the arrears of rent. This order was passed under the provisions of Section 14 (4) of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950. Before the suit was further proceeded with and a decree was passed, the tenant opposite party preferred an appeal against this order to the learned District Judge. In that appeal, it was contended on behalf of the landlord petitioner that the appeal was incompetent and was not maintainable. The preliminary issue as to whether the appeal was maintainable was tried by the learned District Judge and was decided by his order dated 19-11-1955.

(3.) The learned Advocate for the petitioner has contended before us that the appeal before the learned District Judge was incompetent and that therefore the order complained of should be set aside.