LALITA ALMAL Vs. JYOTSNA DEBI AND OTHERS

JUDGEMENT

(1.) The applicants, who are five in number, claiming to be the "legal occupants" respectively of one room on the first floor (measuring approximately 170 sq. ft.), one room on the first floor (measuring approximately 300 sq. ft.); and one room on the first floor (measuring approximately 450 sq. ft.) (hereinafter collectively referred to as the subject rooms) of Premises No. 7, Garstin Place, Calcutta have made this application purporting to be under Section 47 of the Code of Civil Procedure, 1908 intra alia for dismissal of the execution application of the respondent/decree-holder Smt. Lalita Almal (bearing G.A. No. 3342 of 1998 and G.A. No. 4017 of 1998) on the ground that the decree is inexecutable as against them as it is barred by limitation. On the aforesaid execution application bearing G.A. No. 4017 of 1998 P.C. Ghose J. as the then Interlocutory Judge has passed an ad-interim order dated 10th November, 1998. Upon the change of his determination the said execution application had appeared before me. The applicants sought leave to intervene in the said execution application which I had allowed by my subsequent order. By the present application the applicants have also sought an order for stay of the said ad-interim order. I had by my ad-interim order dated 25th November, 1998 granted status qua which was subsequently extended by me by my further order dated 16th December, 1998 on the present application.

(2.) The only question that. arises in this application is whether on the date the execution application was made for enforcement of the appellate decree the said decree was barred by limitation.

(3.) The said appellate decree which is at PP. 55-56 of the affidavit-in- opposition filed by the respondent/decree-holder is dated 1st October, 1985. The said appellate decree was passed in Appeal No. 212 of 1974 preferred by the widow of the deceased tenant Chandra Bhusan Chatterjee of the premises No. 7 Garstin Place, Calcutta ("the said premises" for short) by consent of the parties thereto including the respondent/ decree-holder who was the respondent No. 1 in the said appeal. The said compromise decree records intra alia as follows :