INDER SENGUPTA Vs. STATE

JUDGEMENT

(1.) THIS revisional application is directed against an order of rejection by the learned assistant District Judge, 2nd Court at Alipore in Title execution Case No. 20 of 1979 of an application preferred on behalf of the judgment-debtor, which was registered and numbered as misc. case no. 42 of 1990.

(2.) FROM the submissions made and the materials produced it appears that there was a suit ending with a decree for eviction of the judgment-debtor from two schedules of properties, one where the judgment-debtor was alleged to be a tenant and the other - where the judgment-debtor was alleged to be in forcible occupation as a trespasser.

(3.) THE decree, ultimately passed in second appeal by this High Court, was challenged before the Supreme Court of India and from the order passed by the Supreme Court in Civil Appeal No. 1521 of 1984 on 5th of March, 1991, it appears that as far as the decree for eviction from a Schedule property on the grounds under Section 13 (1)of the West Bengal Premises Tenancy Act was concerned, the same was upset and the second appeal was remanded to high Court for reconsidering the. question of bonafide requirement as found by the courts below with reference to the facts and law concerning the same by the High Court. As far as the decree relating to eviction from B Schedule property as a trespasser was concerned the same remained untouched in terms of the Supreme Court Order; and it is admitted that it is that B schedule property, possession of which is sought to be obtained by levying the present execution.