Law:

Section:

(a) Special Leave to Appeal to Supreme Court-Limitation- Application for special leave filed against of Single Judge High Court-Cannot be deemed to have been filed against order High Court refusing certificate of fitness of case for Letters Patent Appeal-Supreme Court Rules, 1956, O. XIII, r. 1­ Letters Patent (Dacca), cl, 15-Plea of alleged "general practice" that limitation__ is to, be calculate from date-of refusal f certificate under cl. 15, Letters Paten: rejected as unfounded­ Application for-condonation, of delay essential. (b) Civil Procedure Code (Y of 1908), O. XLI, r. 22­-- (Joining of a respondent after expiry of period of appeal)-Rule 22 not applicable to appeals before Supreme Court-Jurisdiction of Supreme Court to implead parties not limited by any technical rule such as r. 22. JUDGMENT B. Z. KAIKAUS, J.-This appeal by special leave arises out of a suit for recovery of khas possession. The material facts are these. Dr. Rajani Kanta Choudhury predecessor-in-interest of the plaintiffs-respondents granted on the 14th April 1935, a lease of the property in dispute to Paresh Chandra Biswas, defendant No. 1, as representing "Swaraswati Bhandar", a firm, for a period of five years. After the expiry of the lease in 1940 defendant No. 1 continued in possession of the lease as a tenant and paid rent up to April 1946. The plaintiffs served on defendant No. 1 in his capacity as a partner of the firm a notice under section 106 of the Transfer of Property Act determining the tenancy with effect from the end of Ashar 1355 B. S. The firm had in fact been dissolved, according to the case of the plaintiffs, on the 16th January 1944, but the plaintiffs were unaware of the fact of its dissolution. In spite of the notice the premises were not vacated and the present suit was filed on the 13th August 1948, for recovery of possession and for arrears of rent. Defendant No. 1 in his written statement contended that the firm "Swaraswati Bhandar" was still in existence, that the firm had been holding over, and that the possession of the firm as tenant having lasted for more than twelve years, the firm was not liable to ejectment at all in view of the provisions of the East…

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