JUDGMENT

S.R. Das, J. - This application by the plaintiffs for final judgment under Chap. XIIIA of the Rules of this Court raises an important question of practice, namely, in what circumstances an order for security or payment into Court can appropriately be made as a condition precedent to the granting of leave to the defendant to defend the suit.

2. The suit in which this application has been made is one for ejectment, arrears of rent and mesne profits until delivery of possession of the premises. The cause of action laid in the plaint and reiterated in greater detail in the joint affidavit of Panchanon Banerjee and Manindra Nath Bysack used in support of this application is as follows:

3. One Bibhuti Bibhusan Mukherjee, since deceased, was the owner of a half share in premises No. 17, Adwaitya Mullick Lane, having purchased the same under a deed of conveyance dated 16th June 1937. The plaintiff Kiranmoyee Dassee became the owner of the remaining half share in the premises by purchase at a sale held by this Court in December 1938. Under a verbal agreement made between the defendant and the said Bibhuti Bhusan Mukherjee and the plaintiff Kiranmoyee Dassee represented by Manindra Nat