RABI SEN Vs. BASANTI SHAW

JUDGEMENT

(1.) This appeal arises out of judgment and order dated March 31, 2014 in Misc. Case No. 1941 of 2004 passed by the 10th Bench of City Civil Court, Calcutta in an application filed by the respondents under Order 21 Rule 101 of the Code of Civil Procedure, 1908 (hereinafter referred to as the "C.P.C.") in connection with Title Execution Case No. 65 of 2003 for enforcement and execution of the judgment and decree passed in Title Suit No. 1694 of 1995.

(2.) The suit premises, being Premises No. 28, Nabin Sarkar Lane, Kolkata - 700 003, P.S. Shyampukur, was earlier owned by one Mr. Gour Chandra Banerjee. Mr. Gour Chandra Banerjee executed a deed of lease dated September 19, 1952 commencing from October 1, 1952 for a period of 16 years till September 30, 1968 at a monthly rate of Rs. 65/- in favour of the predecessor-in-interest (father) of one Mr. Raghu Nath Shaw. Thereafter, Mr. Raghu Nath Shaw started to reside in the property. Mr. Gour Chandra Banerjee died intestate on October 11, 1974 and was survived by his legal heirs. Mr. Raghu Nath Shaw too passed away leaving behind Mr. Dilip Kumar Shaw as his legal heir. No fresh tenancy was created after the expiry of the lease and the legal heirs of the lessor refused to accept rent from the occupants of the premises who were earlier the lessees; yet, for a number of reasons, the erstwhile lessors did not move to have the suit premises vacated. The legal heirs of Mr. Gour Chandra Banerjee sold the suit premises to Mr. Rabi Sen, the present appellant, on September 20, 1991 by a registered deed of conveyance.

(3.) Mr. Rabi Sen instituted Title Suit No. 1694 of 1995 against Dilip Kumar Shaw. Mr. Dilip Kumar Shaw contested the suit, inter alia, on the ground that the suit was barred by limitation. Mr. Dilip Kumar Shaw admitted that he was a trespasser since October 1, 1968 with the full knowledge of Mr. Gour Chandra Banerjee and, subsequently, his legal heirs. Mr. Dilip Kumar Shaw asserted that his possession of the property matured into good title by virtue of adverse possession. On March 8, 2002, the suit was decreed in favour of Mr. Rabi Sen and it was ordered that he was entitled to khas possession of the suit premises. Mr. Dilip Kumar Shaw was directed to hand over peaceful possession within three months of the date of decree, failing which the appellant would be at liberty to execute the decree in accordance with the law.