1. THE petitioner filed title Suit No. 118 of 1982 in the 2nd Court of the learned Munsif at Sealdah, 24-Parganas against the defendant/opposite party inter alia, for eviction and recovery of suit premises on revocation of licence, mesne profits and damages. The defendant/opposite party contested the said suit by filing the written statement denying and disputing the case of the petitioner as made in the plaint and claiming a tenancy right in the suit premises. The defendant/opposite party also filed an application under Order xxxix Rules 1 and 2 read with Section 151 of the Code of Civil procedure inter-alia, praying for a temporary injunction and also for a Mandatory order directing the plaintiff/petitioner to restore the bath and privy on the 1st floor of the suit premises to its original condition which was opposed by the plaintiff/petitioner by filing a written objection. The learned Munsif by his order No. 57 dated 9. 7. 1985, however, allowed the said application of the opposite party. Against the said order of the learned Munsif the plaintiff/petitioner preferred an appeal being Misc. Appeal No. 798 of 1985 before the learned District Judge at Alipore. In the case a