P. B. MUKHARJI, J.

( 1 ) THIS is an application for transfer under Clause 13 of the High Court Letters Patent, of Suit No. 1490 of 1952, now pending before the Chief Judge, Court of Small Causes, Calcutta. A copy of the plaint in that suit is annexed to the petition. In that suit, the respondent Mrs, K. Dutt as plaintiff claims a decree for eviction of the applicant as defendant in that suit. The pleading in that plaint is that the applicant was in occupation of the entire first floor flat of premises No. 4, Moira Street. Calcutta, as a monthly tenant under the respondent on an arrangement for payment of a monthly rent of Rs. 500/- payable on the expiry of each English calendar month. The suit in the Small Causes Court was instituted sometime in June, 1952.

( 2 ) THE grounds of merit on which such transfer is asked are set out in para. 16 of the petition. Briefly stated, these grounds are that in the suit in the Small Causes Court difficult questions of law and/or facts will have to be decided, specially questions relating to the factum and validity of an alleged marriage of the respondent with one Rangulal Dutt, since deceased and questions of construction of the Special Marriag

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