- (1.) These two applications have arisen out of the order no.12 dated April 25, 2008 and order no.11 dated March 27, 2008, passed by the learned Civil Judge (Senior Division), Second Court at Barasat upon an application under Order 21 Rule 11 of the Code of Civil Procedure and under Section 151 of the C.P.c. respectively relating to delivery of possession in favour of the decreeholder in Title Execution Case No.3 of 2007 arising out of the Title Suit No.59 of 2004. Since the same question of law is involved in the two matters, the two applications are disposed of by this common judgment.
(2.) The short fact of the case is that the plaintiff/opposite party/decreeholder filed the Title Suit No.59 of 2004 for eviction against the tenant/defendant/petitioner herein from the suit premises, as described in the schedule of the plaint, in the Court of the learned Civil Judge (Senior Division), Second Court, Barasat. That suit was decreed ex parte against the defendant with costs on October 26, 2006. The defendant was directed to vacate and deliver the peaceful possession of the suit premises in favour of the plaintiff within six months from the date of the order, failing which the plaintiff will be at liberty to put the said decree into execution.
(3.) The contention of the defendant/petitioner is that before passing the said decree on October 26, 2006 actually he delivered vacant possession of the suit premises in favour of the plaintiff/decreeholder on January 31, 2006 and such delivery of possession was duly taken by the decreeholder. The defendant/petitioner had also intimated the plaintiff that peaceful and vacant possession was delivered on that day by a registered letter with an acknowledgement due card. That acknowledgement due card was returned to the defendant/petitioner with an endorsement of the plaintiff/decreeholder.;