B.K. Sharma, J.

1. This application under Article 227 of the Constitution of India, seeking issuance of a writ in the nature of certiorari and/or any other appropriate writ, order or direction has been filed in respect of the order dated 29.8.2011 passed by the learned Munsiff No. 2, Jorhat in Misc. G) Case No. 27/2011 arising out of T.S. No. 24/2008, by which the prayer of the defendant in the suit to stay the proceeding in the suit has been rejected. The respondent herein as the plaintiff has instituted the Title Suit being T.S. No. 24/2008 against the petitioner as the defendant for recovery of khas and vacant possession of the suit room and also for recovery of arrear compensation of Rs. 48,000/-. In paragraph 4, 5 and 11, of the plaint, it has been stated thus :

4. That as per terms of the agreement the monthly rent of the suit room was fixed at Rs. 4,000/- (rupees four thousand) only out of which Rs. 3,000/- (rupees three thousand) only be the clear rent and Rs. 1,000/- (rupees one thousand) only be the service charge for maintenance of the property. It is also agreed that besides paying the rent as stipulated, the defendant is also liable to pay a sum of Rs. 489/- (rup