PANCHANAN DAS ADHIKARY Vs. BENI PROSAD SHAW

JUDGEMENT

(1.) This Rule arises out of a proceeding for execution of an order of eviction passed under the Calcutta Thika Tenancy Act. The Petitioner obtained this order and applied for its execution. To this execution the opposite parties, who were the tenants against whom the above eviction order was passed, filed objections under Sec. 47 of the Code of Civil Procedure, which contained, inter alia, an objection that the order in question was without jurisdiction and so could not be executed under the law.

(2.) This point was taken up for consideration by the learned Munsif before whom the execution was filed, and he having found that the order was without jurisdiction dismissed the execution proceeding.

(3.) An appeal from this dismissal order was eventually dismissed by the learned Subordinate Judge and the Petitioner has now come up to this Court against this appellate order.