SAMIR SOBHAN SANYAL Vs. TRACKS TRADE PRIVATE LIMITED

JUDGEMENT

(1.) Leave granted.

(2.) This case is a classic illustration of the travesty of justice and high handedness in the dispossession of a person in possession without due process of law. The appellant, admittedly, was inducted as a tenant on behalf of M/s. India Foils Ltd. into the premises bearing No. 16, May Fair Road, Calcutta-19. The property belongs to Mrs. Gertrud Chand (hereinafter referred to as 'landlady') who had entered into a lease with M/s. Indian Foils Ltd. on March 27, 1969 for the demise of the said property to the said company. In furtherance thereof, possession of the premises was, admittedly, given to the appellant. The landlady had entered into an agreement with the 6th respondent, M/s. Habitat Developers of October 17, 1985 for sale of the property for a sum of Rs.40 lakhs. For the enforcement thereof, the 6th respondent filed Title Suit No. 137 of 1986 for specific performance in the Court of the Second Assistant Judge, Alipur. In the written statement filed by the landlady, she had admitted thus:

(3.) It would thus be seen that in the suit for specific performance, the 6th respondent was put on notice that the appellant was in possession and enjoyment of the demised premises and yet the 6th respondent had entered into the agreement subject to the encumbrances. Subsequently, the suit came to be decreed for khas possession also which decree became final. In spite of the fact that the 6th respondent was aware of the continuance in possession and enjoyment of the demised premises by the appellant, no steps have been taken either to have him impleaded as a party defendant to the suit for specific performance nor a decree personally against him was obtained in any other proceedings as on date.