M.M. Das, J.—The opposite party, as plaintiff has filed C.S. No. 86 of 2010 (III) before the learned Civil Judge (Senior Division), 1st Court, Cuttack with the following reliefs:

(i) Let the defendant be directed to pay the house rent at the rate of Rs. 950/- per month from Nov. 2007 to 30.9.2008, till the termination of tenancy;

(ii) Let a money decree be passed directing defendant to pay damages for his unauthorised occupation from 1st Oct. 2008 to end of Jan. 2010 at the rate of

Rs. 950/- thus, a money decree for Rs. 25,650/- as per Schedule-C be passed;

And that, to avoid multiplicity of suit the defendant be directed to pay damages for his unauthorized occupation during pendency of the suit and also liable to pay damages till giving delivery of vacant possession.

(iii) That the cost of the suit be decreed in favour of the plaintiff and against the defendant;

(iv) And if any other .relief/reliefs the plaintiff is entitled to be awarded, in his favour.

2. The plaintiff has alleged that the defendant-petitioner in this writ petition is the tenant in respect of the two shop rooms as described in Schedule-B of the plaint. The suit is ‘basically a suit for recovery