REBA MONDAL Vs. SANDHYA PAUL & ANR

JUDGEMENT

(1.) The revisional application under Article 227 of the Constitution of India at the instant of the plaintiff/decree holder in a suit for Ejectment and is directed against the order no.110 dated December 08, 2017 passed by the Learned Judge, Sixth Bench, Presidency Small Causes Court at Calcutta, in Miscellaneous Case No.40 of 2016 arising out of Ejectment Execution Case No.191 of 2006.

(2.) The petitioner being the plaintiff filed a suit for eviction of the opposite party No. 1 from the suit property inter-alia on the grounds of default, sub letting and violation of the Clauses (m), (o) and (p) of the Section 108 of the Transfer of Property Act, 188 The said suit was decreed ex-parte. The opposite party No. 1 for setting aside the said ex-parte decree initiated a proceeding under Order 9 rule 13 of the Code of Civil Procedure alongwith an application for condonation of delay in initiating the said proceeding. The Learned Trial Judge dismissed the said application of the opposite party seeking condonation of delay. The opposite party unsuccessfully challenged the said order up to this Court.

(3.) The plaintiff/petitioner put the decree into execution which gives rise to Ejectment Execution Case No. 191 of 2006. The plaintiff/petitioner in the said execution case filed an application under Order 21 Rule 97 read with Section 151 of the Code and under Rule 208 of the Civil Rules and Orders for Police help to execute the decree. The said application was registered before the executing court as Miscellaneous Case No. 40 of 2016.