P. N. MOOKERJEE, J.

( 1 ) THIS appeal arises out of an application under Section 28, Calcutta Thika Tenancy Act 1949. The application was dismissed by the trial court and the tenant's appeal from the said decision failed before the Subordinate Judge who dismissed it on the merits and also on the ground that no appeal lay from an order rejecting an application under Section 28, Calcutta Thika Tenancy Act, 1949. Hence this Second Appeal by the tenant who has also filed an application in the alternative under Section 115, Civil P. C. for revision of the orders of the two courts below.

( 2 ) A preliminary objection has been raised to the maintainability of the second appeal, but in view of the alternative application in revision and the nature of the questions involved in this case, it is not necessary to examine the merits of the said objection.

( 3 ) ON 15-12-1948 the respondents landlords obtained an ex parte decree for ejectment against the tenant appellant. Before, however, possession could be recovered in execution of the decree the tenant judgment-debtor applied, under Section 28, Thika Tenancy Act, 1949 which had come into force in the meantime, for rescission of the said de

Click Here to Read the rest of this document