PRASANTA BANERJEE Vs. CHAMALI SINHA & ORS.

JUDGEMENT

(1.) This revisional application under Art. 227 of the Constitution of India is directed against the order dated 28.2.2002 passed by Shri S. Chakraborty, learned Additional District Judge, Second Court at Alipore, South 24 Parganas in connection with Civil Revision No. 573 of 2001 affirming the Order No. 19 dated 4.9.2001 passed by Shri A. Bhowmick, Civil Judge (Junior Division), Fourth Court at Alipore, South 24-Parganas in connection with Title Execution Case No. 2 of 2001 arising out of Title Suit No. 97 of 1986.

(2.) It appears from the record that the O.P./judgment-debtor filed an applicaltion under Sec. 144 read with Sec. 151 of the Code of Civil Procedure before the executing Court with a prayer for a direction to the decree-holder to deliver the possession of the suit property to the judgment- debtor. It further appears from the record that the Title Suit No. 97 of 1986 for eviction of the tenant on the ground of building and re-building was filed by the petitioner/landlord and the said suit was de eed with some conditional orders under Sec. 18A of the West Bengal Premises Tenancy Act. It appears from the impugned order passed by the learned Additional District Judge, Alipore that amongst those conditions it was provided in the said decree that the landlord shall get the plan for construction of multi-storied building on the suit land sanctioned within 180 days from the date of the decree and the tenant must be informed by registered post of such sanction of the plan within 30 days thereof. It was also provided in that decree that the tenant shall vacate the suit premises in favour of the landlord within 90 days of the receipt of information of such sanction and the plaintiff/landlord shall grant a receipt of delivery of possession to the tenant/defendant. It was also stipulated in that decree that after taking possession of the suit premises the landlord shall comply with the construction work within a period of 18 months and upon completion of construction, the landlord shall deliver possession of the same floor area as the tenant/defendant was in possession. It was also stipulated there that in case the tenant fails to vacate the suit premises within the stipulated period from the date of the receipt of information of sanction order, the landlord shall be at liberty to put the decree into execution subject to the condition as set out in Sec. 18A of the West Bengal Premises Tenancy Act.

(3.) It further appears from the record that the tenant filed an appeal against the judgment and decree passed by the trial Court being Title Appeal No. 226 of 1995 before the learned Civil Judge (Senior Division), Second Court, Alipore which was dismissed and thereafter the tenant had preferred a second appeal before the High Court which is still pending.