Debi Prosad Dey, J. - (1.) The petitioner (Sri Ganesh Jute Mills Pvt. Ltd.) the company incorporated under the Companies Act, 1956 having its registered office at 27, Nityadhan Mukherjee Road, Howrah -711101) being aggrieved by and dis -satisfied with the order dated 29th May, 2015 passed by learned Civil Judge, Senior Division, First Court at Howrah in title suit No. 114 of 2011 (wherein and whereby learned Judge has rejected the application under Sec. 151 of the Civil Procedure Code, has filed this application under Article 227 of the Constitution of India on amongst other grounds that learned trial Judge has failed to appreciate the true perspective of the application under Sec. 151 of Code of Civil Procedure and thereby has failed to direct the opposite parties to deposit a sum of Rs. 26,34,600/ - collected from various occupiers of the suit property since 2005, in terms of the prayer of the petitioner.
(2.) The petitioner is the absolute owner of a property situated at holding No. 27, Nityadhan Mukherjee Road, Howrah. The petitioner filed a suit for eviction and recovery of khas possession of the suit property against B.R. Harman & Mohata (India) Pvt. Ltd., the erstwhile tenant and the said suit subsequently was transferred to this Hon'ble High Court and registered as E.O.S. No. 1/1983. The said suit along with other suits being the CS No. 546 of 1976, CS No. 87 of 1979, CS No. 746 of 1981 and E.O.S. No. 3 of 1978 was heard analogously by this Hon'ble High Court and the High Court by a judgment and decree dated 20th January, 2003decreed the suit in favour of the petitioner. This Hon'ble High Court was pleased to pass decree to the effect that the petitioner is the owner of the suit premises and the petitioner is entitled to get vacant possession of the suit premises by evicting tenant that is B.R. Harman & Mohata (India) Pvt. Ltd. Including its sub -tenant therefrom.
(3.) The petitioner thereafter made an application before this Hon'ble High Court for execution of the aforesaid decree passed by this Hon'ble Court and the said application for execution was registered as E.C. No. 383 of 2011. By an order dated 29th September, 2011 this Hon'ble Court was pleased to dispose of the above execution case by transferring the same to the Court of Learned District Judge, Howrah for execution.;