- (1.) This miscellaneous appeal is at the instance of the judgment debtor whose objection under section 47 to the execution of a decree for eviction on the ground of landlords' requirement has been concurrently overruled by the two courts below. It is unfortunate that such an execution it self is pending for nearly 8 years having been initiated on September 10, 1970.
(2.) Six sons of Late Jnanendra Nath Dey and his widow instituted a suit for ejectment as against the present appellant from premises No. 8, Abhoy Sankar Lane, P.S. Bhowanipore, District-24 Parganas on the ground that they reasonably require the said premises for occupation themselves and their family members numbering 12 besides other dependants on them. In pleading their requirement, they further pleaded that for dearth of accommodation the family members were living apart in two rented houses differently situated and the accommodation available in such rented houses also was insufficient. That suit was instituted on September 3, 1963. It had a chequered career but was ultimately decreed by the trial court on March 12, 1969. The present appellant preferred an appeal, which, however, was dismissed on July 1, 1970, and a second appeal to this court was also dismissed on March 28, 1974.
(3.) The said decree was put into execution in Title Execution Case No. 106 of 1970 on September 10, 1970, but under the orders of these court further proceedings thereof was stayed pending the disposal of the second appeal. After the disposal of the second appeal the decree holders applied for issue of a writ for delivery of possession, which, however, could not be executed due to resistance. On January 17, 1975, the decree holders prayed for delivery of possession with police help, which was allowed on February 6, 1975. Before however, the writ of delivery of possession could be executed with police help the present appellant the judgment debtor filed an application on March 10, 1975, for granting him time till expiry of August 1975, on an undertaking that he would vacate the suit premises and shall deliver peaceful khas possession thereof to the decree holders in terms of the decree within August 1975. In this application it was further represented that in case of default the decree holders shall be entitled to recover khas possession in the execution case itself and that he shall not be entitled to raise any objection to the same. On the under taking so given, the decree holders consented to the giving of the time prayed for and the court allowed the prayer.;