SILVERLINE FORUM PVT LIMITED Vs. RAJIV TRUST

JUDGEMENT

(1.) Special leave granted.

(2.) A sub-tenant, who was not party to a decree for eviction, resisted execution of the decree and the Court ordered an inquiry under Section 151 of the Code of Civil Procedure ('Code' for short). The High Court of Calcutta upheld that order and that is challenged in this appeal.

(3.) The suit property is a flat in "Harington Mansion" situated on an important road at Calcutta. It was in the ownership of one Arun Kumar Jalan. He tenanted the premises to Rajiv Trust (first respondent) on 15-5-1975, who sublet the building to a company M/s. Accounting and Secretarial Service Private Limited (which will hereinafter be referred to as "the first sub-tenant"). Subsequently the first sub-tenant created another sub-tenancy under it in favour of second respondent M/s. Capstain Shipping Estate Private Limited.