KARSANDAS KHIMJI POPAT Vs. C.B.F. SAUNDERS

JUDGEMENT

(1.) This Rule was obtained by the landlords Petitioners against an order of the Tribunal below staying the hearing of an application under Sec. 151 of the Code of Civil Procedure, filed by the opposite party, for the setting aside of an order, purported to have been made on compromise, allowing the present Petitioners' application for eviction against the said opposite party under the Calcutta Thika Tenancy Act.

(2.) The stay appears to have been granted by the Tribunal below under the Calcutta Thika Tenancy Stay of Proceedings (Temporary Provisions) Act, 1968 (President's Act 3 of 1968), under Sec. 3 thereof or, to be more precise, under Sec. 3(a) of the said Act.

(3.) The Petitioners' original application for eviction of the opposite party under the Calcutta Thika Tenancy Act was allowed by the Controller by his order No. 16, dated April 20, 1967, which was in the following terms: