LAWS(CAL)-1954-3-32

SUDAMA Vs. SATYENDRA NATH MODAK

Decided On March 15, 1954
SUDAMA Appellant
V/S
Satyendra Nath Modak Respondents

JUDGEMENT

(1.) This appeal is directed against an appellate order, rejecting the Appellants objections under Section 47 of the Code of Civil Procedure, read with Sections 7(2) and 56 of the West Bengal Non-Agricultural Tenancy Act of 1949. The decree in question is, inter alia, for ejectment of the Appellant from the disputed land. It was passed as far back as June 20, 1944. There is no dispute that the said decree relates to non-agricultural land and in the decree itself there was a provision to the effect that, on the requisite deposit being made by the Appellant within the prescribed period of 30 days, its execution would remain stayed under the proviso to Section 3 of the Bengal Non-Agricultural Tenancy (Temporary Provisions) Act. The deposit was duly made and, accordingly, the decree could not be put into execution while the said temporary Act remained in force.

(2.) The original decree-holder was one Panchanan Mukherjee in whose place the present Respondent, Satyendra Nath Modak, got himself substituted on February 17, 1948, on the strength of an assignment, dated February 16, 1945. The temporary Act having expired on or about May 5, 1949, the present execution was started on August 2, 1949, and, immediately thereafter, the Appellant judgment-debtor appeared and applied for and obtained an order for interim stay on August 11, 1949, (sic) on the same day, he filed objections under Section 47 of the Code of Civil Procedure, read with Sections 56 and 7(2) of the (sic) Agricultural Tenancy Act of 1949 which had com (sic) and from May 15, 1949, giving rise to Misce (sic) No. 216 of 1949. This Miscellaneous Case (sic) dismissed by the learned munsif by the order (sic) 1950 and that order having been confirmed on appeal (Misc. Appeal No. 518 of 1950 of the court of the District Judge, 24-Pargands) by the learned subordinate judge, 1st court, Alipore, on March 19, 1952, the judgment-debtor Appellant preferred this appeal to this Court on April 7, 1952.

(3.) The points which were set down for argument before the learned munsif were: