( 1 ) THIS second appeal arises out of a suit for ejectment between landlord and tenant The appeal raises questions as to the limits of the power of transfer by the District Court under Section 24 of the Code of Civil Procedure, 1908. The second appeal has been referred by the learned single Judge to the Division Bench for disposal.

( 2 ) ON September 4, 1953 Shri T. M. Mukherji, the First Additional Muinsif, Sealdah decreed the suit. On the 24th November, 1953, the tenant preferred from this decree Title Appeal No. 1176 of 1953 to the Court of the District Judge, 24-Paraganas. On the 24th May, 1954 the District Court transferred the appeal to the Court of Sri Mullinath Mukherjee, an Additional District Judge 2nd Special Court of 24-Paraganas. On the 28th May, 1954, Sri Mullinath Mukherjee allowed the appeal, set aside the decree for ejectment and remanded the suit to the Trial Count for a fresh decision after framing an issue on the question of the minority of the plaintiffs Nos. 4 and 5. On the Ist February, 1950, the High Court on second appeal set aside the judgmet of the lower Appellate Court and passed the following directions. "' (The) case (be) sent back on r