BISWARANJAN MAITY Vs. ANJANA SENGUPTA & ORS

JUDGEMENT

(1.) This second miscellaneous appeal is directed against the judgement and order dated 20th May, 2015 passed by the Learned Fourth Bench, City Civil Court at Calcutta affirming the judgement and order being No. 79 dated 7th September, 2012 passed by the Learned Judge, 5th Bench, Presidency Small Causes Court at Calcutta in Miscellaneous Case No. 159 of 2007, at the instance of the appellant who obstructed the execution of the decree for eviction passed against his brother viz. Dr. Chittaranjan Maity.

(2.) Let us now consider as to how far the learned Courts below were justified in passing the impugned order in the facts of the instant case.

(3.) An eviction suit being ejectment suit No.306 of 1999 was filed against the Elder brother of the appellant, namely, Dr. Chittaranjan Maity on the ground of default in payment of rent and also for subletting. The said suit was subsequently transferred to another court and on being so transferred, the said suit was re-numbered as Ejectment Suit No.1692 of 2001. During the pendency of the said suit, the said Chittaranjan Maity died and upon his death his legal heirs and representatives were substituted in the said suit. But since they did not come forward to contest the said suit, the suit was decreed ex parte on 6th September, 2005. Since vacant and khas possession was not delivered to the decree-holder in pursuance of the said decree, an execution case was levied by the decree-holder. The said execution case was registered as Ejectment Execution Case No. 2017 of 2005. Bailiff went to deliver possession of the suit property to the decree-holder but possession could not be delivered to the decree-holder as the Bailiff was resisted on 17th May, 2005. Subsequently, the decree-holder filed an application for police help for removal of the obstruction and the said application for police help is still pending for consideration before the learned Executing Court.