SANJIB BANERJEE,J. - (1.) The appeal is directed against an order, that is deemed to be a decree, passed on an application under Order XXI Rule 99 of the Code of Civil Procedure, 1908. By the order impugned dated December 1, 2015, the appellant's application has been rejected, primarily on the ground that the appellant could not establish any title to the tenanted premises in respect whereof an eviction decree has been passed.
(2.) In respect of the property at 9, Chowringhee Road which belongs to the Life Insurance Corporation of India, a suit was instituted in the year 1964 seeking eviction of, inter alia, Drs. Smith Brothers, a partnership firm, and several others who were in occupation of the said premises. A decree was passed in favour of LIC and against Drs. Smith Brothers against which an appeal was preferred, but it failed. When LIC put the decree into execution, an order was passed by the executing Court on August 28, 2014 permitting the judgment-debtor, Drs. Smith Brothers, to hand over peaceful and vacant possession of the property to decree-holder LIC within a period of two weeks from the date of such order. The relevant order also provided that in default of the judgment-debtor voluntarily making over possession of the decretal premises to the decree-holder, a bailiff would be appointed by the Court to take necessary steps.
(3.) An appeal was preferred from such order of August 28, 2014 in the name of Drs. Smith Brothers. The stay petition pertaining to such appeal was affirmed by a gentleman by the name of Samir Kumar Basu, who was the son of Late Sisir Kumar Basu. In the stay petition pertaining to the relevant appeal, Drs. Smith Brothers claimed that such firm was an association of dental surgeons which had been running a dental clinic at the first floor of 9, Chowringhee Road for nearly a century. The stay petition pertaining to the appeal acknowledged that Suit No. 1002 of 1964 was decreed in favour of LIC and against firm Drs. Smith Brothers on November 4, 1981 and the decree was affirmed in appeal on May 7, 2013.;