P.N. Mookerjee, J. - (1.) This Second Misc. Appeal is at the instance of the decree -holders who obtained a decree for ejectment as far back as the year 1953. They have been singularly unfortunate in failing to get the decree executed and recover possession from the judgment -debtor due to continuous resistance and intervening proceedings which have so long frustrated all their efforts in the matter.
(2.) The decree in question was passed in a suit brought for eviction of the Defendant tenant, a private limited company which is the Respondent before us, from the disputed premises in or about the year 1951. At that time, the West Bengal Premises Tenancy (Temporary Provisions) Act, 1950, was in force and there is no doubt and no dispute either, that the said Statute governed the above action for ejectment.
(3.) The suit, it appears, was contested by the Defendant tenant by filing a written statement. But, eventually it was decreed on compromise on March 27, 1953. Thereafter, the decree was put into execution on March 11, 1955, in Title Execution Case No. 83 of 1955. To that execution, an objection was filed by the above judgment -debtor under Sec. 47 of the Code of Civil Procedure on the ground that, by payment and acceptance of rent after the above decree, a new tenancy had been created or, in other words, a plea of adjustment was raised. This objection was upheld by the learned Munsif on February 7, 1956, but, on appeal, in Misc. Appeal No. 257 of 1956, by the decree -holders landlords, the said objection was overruled, the appeal being allowed on August 14, 1956.;