JASPAL SINGH CHANDHOK Vs. GOBIN CHAND SEAL

JUDGEMENT

(1.) The instant execution proceeding is being resisted from the side of the judgment-debtor contending that the instant execution proceeding is not maintainable. The original suit being CS No. 922 of 1986 was decreed on consent and according to the judgment-debtor, he has surrendered his tenancy in respect of shop room no. 1A and thereafter was inducted as a tenant in respect of a different shop room being shop room no. 1A/1 on the ground floor of premise no. 30, Ganesh Chandra Avenue, Kolkata - 700013 and as such there was a fresh induction of the judgment-debtor by the terms of settlement concluded before the Learned Court.

(2.) The judgment-debtor has further submitted that the decree dtd. 23/6/2014 stood satisfied upon the induction of the judgment-debtor as per terms of settlement and the incident of such subsequent tenancy would be governed by the provisions of West Bengal Premises Tenancy Act, 1997 irrespective of contrary contention in the terms of settlement.

(3.) He has further submitted that when there is a fresh induction the relation between the tenancy should be governed by the West Bengal Premises Tenancy Act, 1997 and the tenant cannot be evicted without due process of law. In this regard he has referred to a decision reported in (1980) 1 SCC 185 (Biswabani Pvt. Ltd vs. Santosh Kumar Dutta and Ors.). As the decree-holder refused to receive the rent the judgment-debtor has been depositing the rent with the Rent Controller.