SAHIDULLAH MUNSHI,J. - (1.) This revisional application is directed against order dated August 30, 2017 passed by the learned Civil Judge (Senior Division), 9th Court, Alipore in Misc. Case No.90 of 2017 arising out of Title Execution Case No.180 of 2008.
(2.) The above misc. case has been registered on the application filed by one, Mr. Swapan Dey under Order 21, Rule 97 of the Code of Civil Procedure thereby making a prayer to protect possession in the suit property and to restrain the decree-holder from taking possession of the suit property in execution of the decree.
(3.) The short background of the petitioner's case is that: a) The opposite party no.1, namely, Mrs. Arundhati Dey nee Patra instituted a suit wherefrom Execution Case No.180 of 2008 arose. In the said suit, eviction of the defendant was sought for inasmuch as they were licensee in respect of the suit property; b) Under the threat of eviction from the suit property through the execution case filed by the said Arundhati Dey in respect the suit premises, the petitioner contacted his learned Advocate who advised him to file the instant application under Order 21, Rule 97; c) That one Jagadamba Kumar Devi is the landlord of the petitioner in respect of the tenanted portion that is on the ground floor comprised of four rooms, kitchen and separate bath and privy.;