USHA GHOSH Vs. RABINDRA NATH DAS

JUDGEMENT

(1.) This is an application for restoration of possession filed by the defendant/appellant before this Court. This second appeal was admitted by this court on 22/03/1991 and immediately after the admission of the appeal, the application was presented for appropriate order.

(2.) The learned Advocates appearing on behalf of the respondent stated on instruction from the respondent No. 1 who was present in court that the respondents had taken possession of two rooms on the ground floor and one room and one bath room on the 1st floor of premises No. 38, S. N. Banerjee Road,Barrackpore and that the respondent No. 1 was occupying the said premises after executing the decree. Mr. Sakti Nath Mukherjee, learned Counsel appearing on behalf of the appellant submitted that the appellants have been forcibly dispossessed by the bailiff with police help even though there was no order from the executing court for any police help. It was submitted that all goods and belongings of the appellant were thrown on the street on 22/03/1991 whereupon this court passed an order directing the Superintendent of Police, 24 Parganas, North to submit a report and to appoint a receiver for preservation of the property under the peculiar facts and circumstances of the case. The learned Munsiff was directed to submit a report under that circumstances such dispossession took place with police force. On affidavits the matter was heard on the question of granting of appropriate order as prayed for by the appellant in view of that dispossession had been taken place. This appeal was presented before this court on 20/01/1991. A report was given on 21/03/1991 and ultimately the matter was heard on 22/03/1991 after the appeal was presented and before the appeal was heard, the dispossession had taken place.

(3.) The plaintiff in this case filed a suit for declaration of title of the suit property and the suit was ultimately dismissed by the trial Court. The lower Appellate Court has reversed the judgment and was pleased to decree the suit in respect of Schedule 'B' property. Under the decree passed by the lower Appellate Court the plaintiff/opposite party was entitled to decree for recovery of possession in respect of Schedule 'B' property from the defendant/appellant No. l. The Appellate Court decreed the suit by the order and judgment dated 13/09/1990 passed in Title Appeals Nos. 89, 90 and 91 of 1989. From the certified copy of the decree passed by the Court below, it appears that