SOUMEN SEN,J. - (1.) This is an application by one Daud Ali claiming himself to be the husband of Sahida Begum. Mr. Daud Ali has filed this application on the basis of a special power of attorney executed in his favour by Sahida Begum on 7th October, 2015. The application is filed under Order 21, Rule 97 to 101 of the Code of Civil Procedure.
(2.) Sahida claims to be the daughter of one Yasin Ali. The applicant contends that Yasin Ali was the original tenant under one Sachindra Nath Mitra. After the death of Sachindra Nath Mitra rent used to be tendered to Sibaji Mitra. Yasin Ali died on 31st May, 2010 and thereafter, Sahida became a tenant under Mr. Sibaji Mitra. Yasin Ali used to work as carpenter for Sachindra Nath Mitra and since he was working for Sachindra Nath Mitra, he was inducted as a tenant "in that capacity" and he continued to remain as a tenant until his death on 31st May, 2010. The initial rent of Rs. 80 which was increased to Rs. 150. After the death of Yasin Ali, Sahida used to pay the rent on a monthly basis in cash and the same are recorded in an "exercise book" used to be kept by Mr. Sibaji Mitra. At the time when Yasin Ali passed away, Daud used to supervise the work in the workshop. Thereafter, Daud started his own business of interior decoration from a shop at 241 B.B. Ganguly Street and opened another shop of plywood, lamination and furniture in the name of his wife Sahida Begum.
(3.) This application is filed when the receiver in execution of a decree passed in favour of the plaintiff went to the suit premises for the purpose of handing over vacant possession of the suit premises to the decree-holder.;