AMAL CHANDRA CHATTERJEE Vs. PROMOD KUMAR BANERJEE

JUDGEMENT

(1.) THIS Rule is directed against order No. 22 dated the 15th May, 1971 passed in Title Suit No. 316 of 1960 by the Munsif, Sixth Court, Alipore allowing an application under Section 17e of the West Bengali Premises Tenancy Act, 1956.

(2.) THE disputed premises was purchased by one Bipul Chandra Chatterjee on the 14th of December, 1959. The opposite party was a tenant in respect of the said premises. After his purchase bipul Chandra Chatterjee filed a suit for ejectment of the opposite party on the 23rd March, 1960 being Title Suit No. 360 of 1960, on the ground of reasonable repairmen On the 25th July, 1963 a decree was passed by the consent of parties and the petition of compromise was made a part of the decree. By the said petition of compromise the tenant opposite party admitted that the plaintiff reasonably required the disputed premises and he agreed to vacate on the expiry of three years from that date. The landlord-decree holder died in the meantime and the tenant-opposite party not having vacated the disputed premises in terms of the decree, the present petitioner started execution of the decree as the Executor to the Will and as the legal representative of the deceased plaintiff Bipul Chandra Chatterjee.

(3.) VARIOUS objections were raised by the tenant opposite party under Section 47 of the Code of Civil Procedure, which was registered as Miscellaneous Case No. 147 of 1967. The said case was ultimately dismissed and on appeal therefrom, namely Misc. Appeal No. 620 of 1967 was also dismissed by the First Appellate Court. The tenant-opposite party filed a Second Miscellaneous Appeal being No. S. M. A. 44 of 1968 in this Court and the said appeal was also dismissed on the 18th March, 1970.