Bhaskar Bhattacharya, J. - (1.) In this revisional application under Article 227 of the Constitution of India, the petitioner has complained that although an application under Section 10 of the Code of Civil Procedure filed by him in the Trial Court was allowed, the Hon'ble the Chief Justice of this Court by exercising administrative power has set at nought the said order.
(2.) The fact giving rise to the instant application may be summarised thus : The present petitioner filed in the court of the learned Munsif a suit for declaration that he is the tenant in respect of the suit premises. Subsequently, the opposite parties herein, filed a suit for eviction in the court of die learned Assistant District Judge claiming eviction of the present petitioner thereby alleging that the present petitioner is a licensee.
(3.) The present petitioner filed an application under Section 10 of the Civil Procedure Code in the second suit before the learned Assistant District Judge for stay of hearing of the second suit. On contested hearing the said application was allowed and the hearing of the second suit viz. the suit for eviction was stayed till the disposal of the earlier suit for declaration of a tenancy right.;