( 1 ) THIS is a revisional application at the instance of the opposite party in a distress proceeding under the Presidency Small Cause Courts Act, being Distress Case No. 120 of 1983 of the 4th Bench of the Court of Small Causes, Calcutta. The order impugned is one dated 14-1-1984, passed by the learned Judge, 4th Bench, overruling an objection to the distress preferred by the opposite party under S. 60 of the said Act. The facts are not in dispute and the point involved is one of question of law.

( 2 ) THE petitioner before the Court of Small Causes, Calcutta, Messrs. Manton and Company Limited was a lessee in respect of premises No. 13/3, Old Court House Street, Calcutta. The lessee suffered an order for eviction passed by the Tribunal constituted under the Public Premises (Eviction of Unauthorised Occupants) Act dated 18-3-1976. An appeal preferred by the lessee against the said order of eviction under S. 9 of the said Act succeeded when the learned Chief Judge, City Civil Court, Calcutta, on 10-9-1981, set aside the said order of eviction. The appellate order, however, was set aside by this court on May 29, 1982, in C. R. 158 of 1982 and this court restored th