CHANDAN CHOUDHURY Vs. SHREE ISWAR SATYANARAYANJEE

JUDGEMENT

(1.) Instead of taking up the applications filed by the parties we hear out all the appeals since all the appeals are directed against an order dated 23rd March, 2005 whereby the Hon'ble Single Judge passed various interim orders in pending applications filed by the third parties in a proceeding for execution of recovery of possession. It appears to us that the applications had been taken out by several applicants to resist the execution of a decree passed in the Civil Suit No. 9 of 2003. The said decree has been passed on an application under Chapter 13A of the Original Side Rules of this Hon'ble Court evicting the defendants Sri Ranisati Jute Pvt. Ltd. Being aggrieved these appeals have been filed by the parties and claimed to have possession of the portion of the said premises in question.

(2.) By a registered Deed of Lease and assessment dated 22nd August, 1991 the deities granted a lease in respect of the premises in question to Sri Ranisati Jute Pvt. Ltd. The Deities filed the suit against Sri Ranisati Jute Pvt. Ltd., lessee claiming its eviction from the said premises.

(3.) By an order dated 24th March, 2004 an application was filed by the deities under Chapter 13A of the Rules of this Hon'ble Court and a decree was passed directing eviction of Sri Ranisati Jute Pvt. Ltd. the defendant. It is to be noted that the decree was passed by the consent of the parties. By the consent of the parties the decree provided that receiver be appointed to take symbolical possession of the premises. It is also to be noted that defendant was not in physical possession of the premises. It is further submitted that the decree was obtained in collusion with the said Sri Ranisati Jute Pvt. Ltd by the decree holder. A number of persons including, Sri Chandan Choudhury, the appellant herein who claimed to be Thika Tenant were in possession of the premises. These Thika Tenants were in actual physical possession of the premises either by themselves or through their Tenants or Bharatias.