Decided on July 06,1961



- (1.) THE plaintiff appellant instituted a suit for eviction of the defendant respondent from the premises let out to him, on the plea that the defendant was a defaulter in payment of rent and was not entitled to any protection under the West Bengal Premises Tenancy Act. The suit was ex parte decreed. Against the ex parte decree the defendant preferred an appeal to the first appellate court. One of the grounds taken in the appeal was that an application by the defendant for summoning certain witnesses was left un-disposed of by the trial court and as such he was not given adequate opportunity to contest the suit. The first appellate court, although of the opinion that the defendant was guilty of dilatory tactics in the suit, allowed the appeal and remanded the case for re-hearing, after having had made the defendant to deposit compensatory costs amounting to Rs. 60/ -.
(2.) AFTER remand, when the case was taken up for hearing, the trial court expressed the opinion that on the pleadings there was no scope for adducing oral evidence in the suit. Lawyers appearing on either side conceded that to be so and neither side pressed for examination of any witness. The learned pleader for the defendant merely asked for a little time for argument. Thereupon the court recorded the following order, on June 29, 1959:- "it appears that on the pleading of the parties there is no scope for any oral evidence in this suit for decision of the issues raised before me. So no oral evidence is adduced before me. To 6. 7. 59 for argument".
(3.) THEREAFTER, the trial court decreed the suit and passed the following order:- "ordered that the suit be decreed on contest with costs. The defendant be ejected from the suit premises and he shall vacate possession thereof within one month from this date in favour of the plaintiff, failing which the plaintiff to get possession through court on execution of this decree. The plaintiff's prayer for damages is allowed at the rate of Rs. 95/-p. m. since 15. 6. 57 till the date of recovery of possession. The plaintiff do get 10/- as damages tentatively, on which court fees have been paid and would be entitled to further damages on payment of adequate court fees. ";

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