Sujit Kumar Sinha, J. - (1.) This is an application by the plaintiff/decree- holders by way of Master's Summons inter alia for police help in obtaining possession of the subject premises from the Refugee Handicrafts which claim to be the sub-lessee under the judgment-debtor Jumbo Traders, in terms of the decree passed in their favour.
(2.) It would be convenient at this stage to briefly set out the facts leading to the present application by the decree-holders. 2A. It is not in dispute that the tenancy of the judgment- debtor Jumbo Traders ("the said tenant" for short) was protected by the under the provisions of the West Bengal Premised Tenancy Act, 1956 ("the said Act" for short). It appears that on 23rd April, 1985 the said tenant gave notice in writing to the decree-holders ("the plaintiffs" for short) under Section 13(l)(i) of the said Act that upon the expiry of the original lease dated 6th March, 1969 granted by the receiver it would quit the subject premises. As the said tenant did not quit the subject premises in terms of its said notice the plaintiffs on 2nd July, 1985 instituted the Title Suit No. 138/85 in the Alipore Court against the said tenant inter alia for eviction and for delivery of vacant possession of the subject premises.
(3.) It is curious that on the following day. on 3rd July, 1985 an application was made in this Court under clause 13 of the Letters Patent for transfer of the said title suit to this Court inter alia on the ground of "inordinate delay". On 5th July, 1985 this Court passed an order for transfer of the said title suit to this Court by consent of the parties. Accordingly the said title suit of the plaintiffs was transferred to this Court and the same was registered as Extraordinary Suit No. 8 of 1985 ("the said suit" for short).;