ORDER :- This Rule is directed against order No. 97 dated 27-1-79 made by the learned Munsif, 6th Court at Alipore on an application made by the tenant-judgement -debtor under Section 47 of the Code of Civil Procedure. By the said order the learned Munsif dismissed the Miscellaneous Case arising out of the said application under Section 47 of the Code of Civil Procedure.

2. The facts leading to the present application, stated succinctly, are as follows :-

Sometime in 1960, the decree-holder opposite Party No. 1 brought a suit for eviction against one Nalini Bhushan Roy Chowdhury, the predecessor-in-interest and the father of the petitioner and the opposite parties Nos. 2 to 4 on the grounds that said tenant defaulted in payment of rent since September 1958, that the plaintiff required the suit premises for his own use and occupation and for purposes of building and re-building and at the tenant sublet a portion without the knowledge and consent of the landlord. In February 1963, the suit was decreed on the ground of reasonable requirement of the suit premises of the plaintiff for his own use and occupation. The appeal preferred from the decisions of the trial Court was dismi