( 1 ) BY this application for a Rule under Section 115 of the Civil P. C, the petitioner, who is the plaintiff in Title Suit No. 455 of 1982, pending before the learned Second Bench, City Civil Court at Calcutta, has sought to impeach Order No. 77, dated 17th Feb. , 1984, whereby his application under Order 19, Rule 1 of the Civil P. C. has been dismissed on contest with costs.

( 2 ) THE petitioner is stated to be carrying on wholesale business in medicines and other pharmaceutical products under the name and style "padcom". He is also stated to be the sole proprietor of the said business, which is being carried on in a room on the first floor of the premises No. 4, Wood Street, Calcutta-16 (hereinafter referred to as the said premises ). It was his case, that sometime in the month of June 1972, Shri Haripada Mullick, opposite party No. 2, describing himself as the agent of Smt. Kinnori Mullick, opposite party No. 1, inducted him as a tenant in respect of the said premises on rental of Rs. 350/- per month and such rent is payable according to English calendar month. It has also been slated by the petitioner that at the time of his induction as tenant, he paid Rs. 70