BHOLA MAZUMDAR Vs. JAWAHARLAL SARKAR

JUDGEMENT

(1.) HEARD Mr. S. Banik, the learned Counsel appearing for the petitioner (Judgment -Debtor). Also heard Ms. R. Choudhury, the learned Counsel appearing for the respondent (Decree -Holder).

(2.) THE Title Suit No.58/1991 for ejectment of the tenant with further claim for arrear rent, damage and interest was allowed through the judgment dated 30.6.1993 (Annexure -II) by the learned Munsiff No.1, Dhubri and although the aggrieved defendant challenged the judgment in higher forums, the ejectment order became final with the eventual rejection of the defendant s S.L.P. by the Apex Court.

(3.) THE landlord then applied for execution through the Title Execution Case No. 13/2000 where the J.D. filed an application under Section 47 read with Section 151 of the CPC to contend that the Trial Court while ordering ejectment and payment of arrear rent, never ordered for damage @Rs.25/ - per day from 16.2.1991 till the eviction of the defendant and moreover interest @11% p.a. was never directed by the Trial Court. According to the J.D., the decree was erroneously prepared where the prayers (d) and (e) made in the plaint, shouldn t have been included in the Court s decree.