SABYASACHI BHATTACHARYYA,J. - (1.) The present challenge has been preferred by a third party objector in an eviction decree.
(2.) The petitioner took out an application under Order 21 Rules 99 and 101 of the Code of Civil Procedure asserting the petitioner's independent tenancy right under the decree-holder/opposite party no. 1. Apparently an eviction decree was obtained by the opposite party no. 1 against the present opposite party no. 2 on the ground of sub-letting to the present petitioner. The said decree was passed ex parte, the opposite party no. having not filed his written statement nor contested the proceeding.
(3.) It further appears that two suits had been filed previously. One was filed by the present petitioner asserting the petitioner's tenancy rights in respect of the suit property and also seeking permanent injunction restraining the opposite party no. 1 from dispossessing the petitioner from the suit property. In such suit, initially an injunction was granted in respect of the suit property in favour of the present petitioner, which was subsequently vacated. The said suit was ultimately dismissed for default.;