- (1.) Mr. Chandan Chowdhury is the applicant in GA No.3376 of 2016. The limited question arises in this application is whether Mr. Chandan Chowdhury is entitled to recall of the order dated 20th January, 2016 and consequently restoration of the application being GA No.804 of 2005. Mr. Chandan Chowdhury claims to be a tikha tenant and tried to resist the execution of the decree against him along with various persons alleged to have been inducted by him as sub-tenants.
(2.) It appears that Mr. Chandan Chowdhury along with some of the occupants filed applications in the nature of Order XXI Rule 97 read with Rule 101 of the Code of Civil Procedure resisting execution of the decree on various grounds. The Hon'ble Division Bench by an order dated 22nd June, 2016 directed the Trial Court to dispose of the applications finally on filing of affidavits and set aside the order by which the applicants' right to resist the execution of decree was denied. It appears that the learned Single Judge put certain conditions upon the applicants in order to proceed with the hearing of the said applications. The Division Bench interfered with such finding as the Division Bench observed that third party applicants are ascertaining independent title over the property and such right needs to be adjudicated. Being aggrieved to the said order, the Special Leave Petition was preferred by the decree-holder. The Special Leave Petition was disposed of by passing the following directions: "Having heard learned counsel for the parties at length, we are inclined to pass the following directions: (a) The joint receivers who had been appointed by the executing court, if they are still continuing, shall continue or, if not, the executing court would be at liberty to appoint a single receiver. (b) The Bhartiyas (sub-tenants), who have been inducted by the tenants shall pay the arrears of rent to the tenants, who, in turn, along with his arrears shall deposit the arrears collected from the Bhartiyas with the Receiver. (c) The arrears shall be paid as directed hereinabove within a period of three months hence and if the arrears are not paid by that time, the right to contest before the executing court shall stand extinguished. No default shall be condoned. (d) The Receiver shall spend the requisite amount for the appropriate maintenance and performance relating to the petitioner Deity so that the traditions remain in continuum. (d) The Receiver shall consult the trustees before any amount is expended and the trustees shall also furnish accounts for the expenditure, if any amount is given by the Receiver. (e) The taxes and fees which are payable under the statute shall be paid by the tenants and the Bhartiyas and the same shall be intimated to the Receivers who, in tern, shall apprise the executing Court. (f) The Receiver shall compute the arrears as fixed by the learned Single Judge in the execution proceedings that has come into existence under Order XXI Rule 97 of the Code of Civil Procedure within two weeks to the concerned tenants and Bhartiyas and they shall deposit the same with the Receiver within the time determined. The computation made by the Receiver shall not be questioned in any court of law. The decree holder would be at liberty to file appropriate application before the learned Single Judge for enhancement of rent and he shall deal with the application in accordance with law. The aforesaid directions are by way of an arrangement. Needless to say, we have not expressed any opinion on the merits of the application under Order XXI Rule 97 of the Code of Civil Procedure which is going to be adjudicated by the executing Court. As the execution has been going on for a considerable length of time, possibly the obstructionists harbouring the notion that they are masters of the time and can arrest time at their own whim and fancy, the executing court is requested to dispose of the proceedings within six months hence. The special leave petition is accordingly disposed of. There shall be no order as to costs."
(3.) The matter was thereafter taken up by the learned Single Judge having determination. The learned Single Judge on consideration of the order passed on 22nd September, 2015 held that in view of non-compliance of the said order by Mr. Chandan Chowdhury, he has forfeited his right to contest the proceeding and thereafter dismissed the application being GA No.804 of 2005.;