SOUMEN SEN,J. - (1.) St. Mary's Nursing Home Private Limited is the applicant.
(2.) The applicant has filed this application questioning the executability and enforceability of a decree passed in C.S. No.771 of 1981. The instant application has been filed under Order 21, Rule 99 read with section 47 of the Code of Civil Procedure.
(3.) The plaintiffs are the owners of a very valuable property situated at Ho-Chi-Minh Sarani formerly known as Harrington Street, Kolkata. Initially, one Rabindra Chandra Ghose, since deceased, predecessor-in-interest of the present plaintiffs executed a deed of lease dated 10th August, 1960 in favour of the defendant for a period of 21 years commencing from 1st July, 1960 at a monthly rent of Rs. 2000/- per month. The said lease deed, inter alia, provided that the defendant would use the said premises only as a Nursing Home, dispensary, cooperative stores, cold storage and for manufacture, distribution and sale of food products and restricts the said defendant to sublet, assign, transfer, underlet or part with possession of the said premises without the previous consent in writing of the lessors. The said lease expired by efflux of time. On the expiry of 21 years, the defendant did not vacate the said premises and continued to remain in possession with effect from 2nd July, 1981.;