- (1.) This execution application has been filed for execution of a decree dated 25th February, 1985.
(2.) On or about 1974, the defendant was inducted as a licensee of the plaintiff in respect of two adjoining flats being Nos.7 & 8 at Premises No.47, Park Street, Calcutta along with the furniture, amenities and fixtures therein.
(3.) The plaintiff by a notice dated 22nd January, 1977 revoked the leave and licence granted to the defendant and called upon him to deliver up quiet, vacant and peaceful possession of the said two adjoining flats. Since thereafter the defendant filed a declaratory suit before the learned City Civil Court at Calcutta claiming right to occupy the said two adjoining flats being Nos.7 & 8 till March, 1988 on the basis of an alleged agreement dated March 1, 1974. The said suit was dismissed on 27th November, 1978. Thereafter on 1st October, 1980, the plaintiff filed a suit being C.S. No.906 of 1980 praying, inter alia, for recovery of possession of the two adjoining flats being Nos.7 & 8 at Premises No.47, Park Street, Calcutta. On 25th February, 1985, the suit was decreed in favour of the plaintiff. The salient features of the decree are stated below:- i) The defendant was directed to deliver up quiet, vacant and peaceful possession of the said two adjoining flats together with all amenities, furniture and fixtures. ii) The defendant was directed to pay to the plaintiff a sum of Rs.236.12 per month towards arrears of licensee fee commencing from 1st October, 1977 upto a period of 3 years prior to filing of suit. iii) The defendant was directed to pay mesne profit at the rate of Rs.30 per day from 1st October, 1977 till possession is delivered to the plaintiff. iv) The defendant was directed to pay a sum of Rs.200 per month for the use of the amenities calculated from 1st October, 1977 till possession is delivered to the plaintiff. v) The defendant was restrained by way of a permanent injunction from dealing with and/or disposing of or in any way transferring/assigning or encumbering the flats together with all amenities.;