RABINDRA KUMAR SHAE Vs. TANUSREE CHATTERJE

JUDGEMENT

(1.) The learned Advocate for the appellants is permitted to strike out the additional signatures appearing in the vokalatnama .

(2.) This Second Miscellaneous appeal is at the instance of third parties in proceeding under Order XXI Rule 97 read with Rule 101 of the Code of Civil Procedure and this appeal is preferred against a judgment of affirmance.

(3.) The decree holder instituted a suit being Ejectment Suit No. 189 of 1972 in the City Civil Court at Calcutta against his tenant one Dalsingar Singh. Such suit ended in a decree in favour of the plaintiff-landlord. On an appeal preferred by the tenants such decree was affirmed up to this Court. Subsequently, the landlord instituted execution case for getting possession of the property from the tenants thereby giving rise to Ejectment Execution Case No. 160 of 1989 in the City Civil Court at Calcutta which was renumbered as Ejectment Execution Case No. 130 of 2002 after transfer of the said proceedings to the Presidency Small Causes Court, Calcutta by virtue of amendment of the City Civil Court Act and the West Bengal Premises Tenancy Act.