- (1.) The instant interlocutory motion has been taken out by the plaintiff primarily to negate the impact of a decree for eviction passed against them by the Court of learned First Munsif, at Alipore. The proceeding for execution of the said decree, which was passed on or about 30th September, 1997 is pending before the Court of llearned 1st Civil Judge, Junior Division at Alipore, being Title Execution Case No. 1 of 1998. The first defendant, who at present is prosecuting the execution proceeding claims to be the owner in respect of certain premises comprised of three holding numbers, being 36A, 36B and 36C, Pratapaditya Road, Kolkata, of which the plaintiff was the tenant. The exact date of commencement of the tenancy has not been disclosed, but it has been pleaded that: the plaintiff was inducted as a tenant much prior to the year 1951.
(2.) One Heramba Chandra Chowdhury was the original landlord of the plaintiff. It appears that he purchased the premises in the year 1941. He passed away in the year 1951, survived by his widow, Rajbala Debi, two sons Sasanka Sekhar and Kalikesh and four daughters. Rajbala Debi passed away on or about 14th November, 1972. She died testate, bequeathing, inter-alia, her undivided share in the premises to her two sons in equal shares. Probate of the Will of Rajbala was granted on or about 23rd December 1974 and it is the cese of the first defendant that before grant of Probate, citation was issued upon the four daughters. As regards title of Rajbala to the subject properly, the case of the first defendant is that she acquired life estate in the l/3rd share therein under the provisions of the Hindu Women's Right to Property Act, 1937 on death of Heramba. Upon enactment of Hindu Succession Act 1956, her life estate became absolute estate. In the year 1984, Sasanka Sekhar and Kalikesh instituted a suit for recovery of possession of the premises in question against the plaintiff herein. This suit was registered as Title Suit No. 728 of 1984 in the Court of learned First Munsiff at Alipone, which shall be henceforth referred to as the learned First Court.
(3.) During the pendency of the suit, Sasanka Sekhar passed away in the year 1995. He was survived by his widow, Dhira Chowdhury and married daughter, Runu Mukherjee who were his legal heirs. They have been impleaded as the second and the fourth defendants in the present suit. So far as the present interlocutory motion is concerned, I find from the affidavit of service that on 14th July, 2006 notice of the present proceeding was sent to them by registered post, but barring the first defendant, none of the defendants has contested the present proceeding. The copies of the notice sent to the defendant Nos. 2 and 3 has been returned with the endorsement "left".;