REKHA MUKHARJEE Vs. ASHISH KUMAR DAS

JUDGEMENT

(1.) Leave granted.

(2.) Interpretation of a consent order passed by this Court falls for consideration in this appeal which arises out of a judgment and order dated 11-6-2003 passed by the High Court of Calcutta in CO No. 1147 of 2003.

(3.) The appellant herein is the landlord. The respondents were inducted as tenants. A suit for eviction was filed by the appellant against the father of the respondents in the Court of 3rd Munsiff, Alipore which was marked as Title Suit No. 105 of 1975. The said suit was transferred to 1st Munsif and renumbered as Title Suit No. 412 of 1977. The present respondents were substituted in place of the original defendant on his death. The respondents herein, however, claimed possession in respect of the suit premises purported to be in furtherance of part performance of contract in terms of an agreement for sale in relation whereto they filed a suit being Title Suit No. 49 of 1990 for specific performance thereof in the Court of 9th Assistant District Judge, Alipore. The aforementioned Title Suit No. 412 of 1977 was decreed and for execution thereof the appellant filed an execution case before the 1st Munsif, Alipore which was marked as Title Execution Case No. 46 of 1991. In the meanwhile, the respondents preferred an appeal against the said judgment and decree passed in Title Suit No. 412 of 1977 which was allowed by the 8th Additional District Judge, Alipore on or about 24-2-1992 in Title Appeal No. 309 of 1991. A second appeal there against was preferred by the appellant before the Calcutta High Court which was marked as Second Appeal No. 425 of 1992 and by a judgment and decree dated 18-12-1998 the second appeal was allowed as a result whereof the decree for eviction was restored.