HEMANGA COOMAR MOOKHERJEE Vs. M C CHAKRAVARTY

JUDGEMENT

(1.) This Rule which involves a a short point under the Banking Companies (Amendment) Act 1950, arises out of the following facts.

(2.) The petitioners are the owners of Premises No. 10B Canal Circular Road, Calcutta, which they let out to Opposite party No. 3, Nur Mahammad Habib & Co. That tenant left the lands upon a notice to quit but immediately thereafter opposite Party No 2, the Orient Glass Company Ltd., entered upon the land. According to the petitioners, the entry by the Orient Glass Company Ltd., was an act of trespass and not only did they enter upon the land wrongfully, but they also caused damage to some structures standing thereon In those circumstances, the petitioners brought a suit against both Nur Mahammad Habib anct Company and the Orient Glass Company Ltd., for recovery of possession of the land and damages. That suit resulted in an ex parte decree, passed on 19th June 1950 whereby the petitioners claim for possession was allowed and a sum of Rs. 1680 was awarded to them as damages, together with a further amount as costs.

(3.) During the pendency of the suit the petitioners attached before judgment some properties belonging to the Orient Glass Company Limited, which are described in the petition before us as 'a few movables of trifling value." After obtaining the decree, the petitioners applied for its-execution and prayed for recovery of possession as-also for the realisation of the decretal amount by sale of the properties attached before judgment. The proceeding that was initiated upon that application was Title Execution case No. 9 of 1950 in the Court of the Second Additional Subordinate Judge of Alipore.