MOTILAL SINGH Vs. SHIB CHANDRA BOSE

JUDGEMENT

(1.) THIS rule is directed against the order No. 10 dated May 25, 1968 passed by the learned District Judge at howrah in Mis. Appeal No. 271 of 1967 holding that no appeal lies against the order No. 8 dated December 14, 1967 passed by learned Munsif, Third Court, howrah in the Title Suit No. 227 of 1967.

(2.) THE facts of the case as stated in the petition are as follows : The opposite party No. 1 brought a Title Suit no. 214 of 1963 before the Second Court of the learned Munsif, Howrah against the petitioner for his eviction from the suit premises which he held as a gharbharatia and for arrears of rent. The petitioner filed, a written statement contesting the suit on ground inter alia that he was a thika tenant of the land and had constructed structures thereon and was not liable to eviction. The suit was, however, decreed ex parte on May 26, 1966. Thereafter the petitioner filed an application under Order. 9 Rule 13 of the Code of Civil Procedure but being advised to institute a comprehensive suit he did not proceed with the same. He instituted on July 31, 1967 a suit being Title Suit No. 227 of 1967 in the Court of Third Munsif, howrah claiming that he was a thika tenant in respect of the disputed land and the learned Munsif, Howrah had no jurisdiction to entertain the Title suit No. 214 of 1963 and pass the decree for his eviction from the land in suit

(3.) IN the said suit, the petitioner filed an application for temporary injunction restraining the opposite party no. 1 from executing the said ex parle decree. By Order No. 8 dated December 14, 1967 the learned Munsif refused the prayer for ad interim injunction and directed issue of notice to the opposite party No. 1. Against the said order, the petitioner preferred an appeal being mis. Appeal No. 271 of 1967 and the learned District Judge who heard the appeal by his Order No. 10 dated may 25, 1968 dismissed the appeal on the ground that as the order of the learned Munsif was passed under Order 39 Rule 3 of the Code of Civil Procedure no appeal lay. The petitioner has moved this court in revision against the said order.