LALITA ALMAL Vs. JYOTSNA DEBI

JUDGEMENT

(1.) The plaintiff-decree-holder is the appellant. She filed a suit in this Court for eviction of one Chandra Bhusan Chatterjee which was registered as Civil Suit No. 1646 of 1993. The said suit was decreed. The said decree was put in execution.

(2.) The respondent herein who claims to be a tenant of the appellant has filed another suit questioning the validity of the said decree. He filed an application for injunction. The said prayer for injunction was refused. Thereafter he filed an application in the execution case raising the same contention which was raised in his suit to the effect that he was a tenant in respect of two rooms on the ground floor and one room on the top floor of the said premises.

(3.) According to the respondent, as his tenancy is protected under the West Bengal Premises Tenancy Act, in terms of a letter dated 23rd March, 1963 he could not be evicted in execution of the said decree to which he was not a party. The learned trial Judge upon referring to the provision of section 47 as well as Order 21 Rules 97,99,101,103, and 104 of the Code of Civil Procedure and stating that as a suit had been pending, the application should be allowed holding:-