( 1 ) THIS is an application under S. 115 of the CPC directed against the order dated July, 15, 1998 passed by the Ld. Assistant District Judge, First Court, Barasat in Title Suit No. 876 of 1993 rejecting the counter-claim made by the defendants of the suit in their application under Order 8, Rule 6a of the CPC filed before the Court on 5th May, 1998.

( 2 ) THE Calcutta Municipal Corporation filed the suit for eviction upon termination of licence and also for damages. The plaint case, in a nutshell, may be stated as follows. The plaintiff is the owner of the suit land described in the schedule of the plaint. By an agreement dated 10-5-75 the plaintiff had granted leave and licence for a term of 21 years to one Moloy Kr. Banerjee, the defendant No. 2, carrying on business under the name and style of National Ceramic at Chowringhee Road, Calcutta, to use and occupy the suit land for the purpose of removing, at his own cost, silt deposits in the pre-settling tanks of the Corporation at its Palta Water Works for manufacturing bricks and allied products. Subsequently, the said Moloy Kr. Banerjee has assigned his rights and liability under the aforesaid agreem