SANTI RANI DALAL Vs. THIKA TENANCY CONTROLLER CALCUTTA
LAWS(CAL)-1996-4-4
HIGH COURT OF CALCUTTA
Decided on April 24,1996

SANTI RANI DALAL Appellant
VERSUS
THIKA TENANCY CONTROLLER, CALCUTTA Respondents

JUDGEMENT

N.K.Bhattacharjee. J. - (1.)In this writ application the petitioner has prayed for a declaration that the Civil Court's judgments and decrees passed in the self-same matter from the Munsif Court upto the Supreme Court are nullity and has also prayed for stay of the concerned Title Execution case No. 10 of 1985 pending before the Second Court of Munsif at Sealdah. It may be stated at the outset that the said Title Execution case has since been disposed of by delivery of possession on the eviction of the petitioner and on that ground alone the writ petitioner has become infructuous.
(2.)The writ petitioner filed title suit No. 496 of 1970, renumbered as 88 of 1978 for declaration of Thika Tenancy in the suit property and the private respondents filed Title Suit No. 396 of 1969, renumbered as 87 of 1976 for eviction of the licensee being the writ petitioner. The two suits were heard analogously and on 10th March, 1976 the learned 2nd Munsif, Sealdah dismissed the suit of the writ petitioner and decreed the suit of the private respondents for eviction. The writ petitioner filed title appeal No. 470 of 1976 and 471 of 1976 against the judgments and decrees of the learned Munsif. On 20th July, 1980 the said title appeals were dismissed and the judgments and decrees of the learned Munsif were confirmed. The writ petitioner instituted second appeals being S.A. No. 271 of 1986 and S.A. No. 272 of 1986 and on 13th July. 1991 Ajit Kr. Nayek, J. dismissed the second appeals affirming the judgment of the Courts below.
(3.)The writ petitioners preferred special leave application and on 20th November, 1992 the Hon'ble Supreme Court of India dismissed the Special Leave Petition and granted time till 30th June, 1993 for vacating the premises by the writ petitioner subject to her filing of an undertaking. The undertaking was filed. However, the writ petitioner preferred a review application and the Hon'ble Supreme Court on 4th March, 1994 dismissed the said review application.
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