SAILESH KUMAR Vs. RAMA DEVI

JUDGEMENT

(1.) This case has been referred to a Division Bench for the consideration of the question whether a landlord, can maintain a suit under Section 9 of the Specific Relief Act against, a trespasser for immediate possession when, at the date of dispossession, the house was in occupation of a tenant entitled to its exclusive use.

(2.) The application is directed against a judgment and order dated the 30th June, 1950, passed by the learned Subordinate Judge of Arrah in Title Suit No. 109 of 1949.

(3.) The suit was brought by the plaintiff opposite party for a decree for possession of a house bearing Municipal Holding No. 6 in Circle No. 2 of the Arrah Municipality after evicting defendants 1 to 4 therefrom. The suit was under the provisions of Section 9 of the Specific Relief Act.