1. THIS rule was obtained against an appellate order passed by the Additional District Judge, Howrah, affirming four orders passed by the munsif, 3rd Court, Howrah, as a Thika controller in Misc. Case No. 102 of 1961 under section 5 of the Calcutta thika Tenancy Act. The facts relevant for the present purpose are briefly as follows :

the opposite party No. 1 filed an application under section 5 of the Calcutta Thika Tenancy Act against the father of the petitioner, for eviction on the ground that the land was required for her own occupation for the purpose of build on the land or otherwise developing the land by discontinuing let out to thika tenants. The application was allowed by the Thika Controller on 14th September, 1963. The thika tenant filed an appeal which was dismissed on 28th April, 1964. Thereafter a Commissioner was appointed to determine the valuation of the structures, and the commissioner submitted his report on 5th August, 1967. The Controller fixed 19th August, 1967 for hearing of objection, if any, against the Commissioner's valuation. No objection was filed by the tenant. On the 19th August, 1967 the Commissioner's report was accepted by the Controller in