( 1 ) THIS application for a Rule under S. 115 of the Code of Civil Procedure, on being moved against order No. 40-dated 9th September, 1983, made in Title Suit No. 315 of 1981, by the learned Munsif, 1st Court, Howrah, was opposed by Mr. Mukherjee, who appeared for the caveator opposite party. By such order, the exception as taken by the defendant / petitioner on valuation and court fees, were negatived.

( 2 ) THE plaintiff/opposite party brought the concerned Title Suit No. 315 of 1981 praying for (1) a decree of eviction of the defendant/petitioner from the suit property, (2) costs of the said property and (3) any other relief or relief's to which he would be entitled in law and equity. It has been claimed by the defendant/petitioner that the said suit was instituted on the incorrect allegations that he was a licensee in respect of the suit premises and the license was revoked by the plaintiff/opposite party In fact such stand as indicated above, was duly taken amongst others by the defendant/petitioner in his written statement and he further claimed to be a tenant in respect of a complete and duly separated flat consisting of two rooms, kitchen, bath, privy, vera