( 1 ) THIS is an appeal against an order of the Special Bench of the Court of Small Causes refusing to entertain an appeal against an order of a Judge of the Small Causes Court passed on an appli cation purported to be an application under Section 47, Civil P. C.

( 2 ) THE appellant before us claims to be a sub tenant in respect of premises No. 13, Pagoapally Street, Calcutta. There was an ejectment decree obtained by the landlords in the Court of the Small Causes -against a tenant of the said pre mises. The landlords having obtained the decree for ejectment applied for execution. In the said execution proceedings an objection was filed by the present appellant and others claiming to be sub-tenants of the original tenant. The conten tion of the appellants and the other sub-tenants, was that by virtue of the provisions of the Rent Act they had become direct tenants of the land lord and as such they are entitled to remain in the premises as tenants. The learned Judge dis missed the application holding that the petitioners" rights cannot be enquired into in an application under" Section 47 and the proper remedy of the ap pellants was to file a suit. Against that