U. DEVADAS RAO Vs. GOBORDHAN DUTTA

JUDGEMENT

(1.) This is an appeal from the decision of the learned Subordinate Judge, 5th Court, Alipore reversing the decision of the learned Munsif Second Additional Court, Alipore who has allowed the appellant judgment debtor's objection under Sec. 47 read with Sec. 151 of the Code of Civil procedure for dismissing the Title Execution Case No. 56 of 1972 in Misc. Case No. 20 of 1973.

(2.) The respondent brought Title Suit No. 201 of 1966 against the appellant who was a monthly tenant in the western portion of the ground floor of a two storied building at 4B, Sailendra Haldar Street, Kalighat, Calcutta at a monthly rent of Rs. 90 for his eviction on the grounds of subletting, nuisance and reasonable requirement for the owner's own use and occupation as mentioned in Sec. 13(l)(a), (c) and (ff) of the West Bengal Premises Tenancy Act, 1956. The said suit ended in a compromise on the basis of a joint petition filed by the parties which reads as follows :

(3.) On 8-4-1968 the said suit was decreed on consent in terms of the compromise petition filed by the parties which form a part of the decree.