- (1.) Plaintiff decree holder seeks execution of decree dated 27th June, 1997.
(2.) Mr. Ghosh, learned advocate appears on behalf of applicant decree holder and submits, 4052 sq. ft. was the demise, on which decree for eviction was passed. Judgement debtor Bank surrendered 2748.939 sq. ft. of the demise in execution of the decree whereafter fresh lease on Indenture dated 4th September, 2003 was executed in respect thereof. The balance area ad measuring 1305.061 sq. ft., in occupation of Bank's sub-tenant, being West Bengal Co-operative Spinning Mill, is subject matter of the decree, remaining for execution. He seeks order in terms of prayer [e] in column 10 of tabular statement. Prayer is set out below:- "[e] In the alternative, the Sheriff of Calcutta be directed to take appropriate steps in delivering quiet, peaceful and vacant possession of the said premises, more particularly described in the Schedules annexed hereto and marked 'M' and 'N' to the decree-holder by evicting the persons in unauthorized possession thereof and to apply for necessary police help before the Bowbazar Police Station or the Commissioner of Police, Calcutta, if necessary for such purpose."
(3.) Mr. Ghosh clarifies that execution is sought only in respect of Schedule 'M' as particulars therein correspond to said part of the demise ad measuring 1305.061 sq. ft., in occupation of West Bengal Co-operative Spinning Mill, who is sub tenant of Judgement debtor Bank.;