ORDER :- The present petition is filed by the petitioner who is the owner of the suit premises which consist of a flat in a building at Walkeshwar. The application for defendant's ejectment filed under Section 41 of the Presidency Small Cause Courts Act has been rejected by the Trial Court on the ground that the Court had no jurisdiction to grant such application in view of an order in certain previous proceedings between the parties. The correctness of the said view is challenged in these proceedings.

2. The facts relevant for the purpose of this judgment are the following :-

The flat in question belongs to the present petitioner and admittedly he gave the same on leave and licence to the defendant in the year 1959. The amount of compensation fixed was Rs. 531/-. It has been contended before me that the said amount of Rs. 531/- was not only for the promises but also for furniture because it was furnished flat which was given on leave and licence basis to the defendant. This fact is stoutly denied before me by Mr. Pandey, the learned Advocate for the defendant. I am keeping this question open for the decision of the Trial Court after the re-appreciation of the entire evidence.

3. The

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