JUDGMENT :

BISWAROOP CHOWDHURY, J.

1. The petitioner before this Court is the plaintiff in a suit for eviction and is aggrieved by the order dated 15.12.2021 passed by Learned Civil Judge (Senior Division) in. Title Suit No. 157 of 2016 adjourning the prayer of the petitioner/plaintiff for occupation charges made under Section 151 of the Code of Civil Procedure till final adjudication of the suit. The petitioner being aggrieved by the order passed by the Learned Trial Judge has come up before this Court under Article 227 of the Constitution of India.

2. The case of the petitioner/plaintiff before the Learned Trial Court may be summed up thus:

1. The Petitioner instituted suit against the opposite party/defendant before Learned 5th Court of Civil Judge (Senior Division) at Alipore being Title Suit No – 157 of 2016 praying for a decree of eviction against the defendant/opposite party from the suit property, as well as decree for mesne profits.

2. The petitioner pursuant to the institution of the suit filed an application under Section 151 of the Code of Civil Procedure praying for arrear occupational charges since March 2012 @ Rs. 700/-per month and thereafter month by month occupational