Satya Brata Sinha, J. - (1.) The appellant is a sub-tenant. The decree holder-1st respondent filed a suit for ejectment against one Surendra Nath Dutta (since deceased) and Anil Baran Das (since deceased) who were originally tenants under Mitra Babus of Chorebagan. An intermission interest was created in favour of Smt. Ashalata Devi in respect of the suit premises being 69 Bidhan Sarani, Calcutta-6. Thus, Mitra Babus become superior landlords. Smt. Ashalata Devi became the tenant of first degree and the said Surendra Nath Dutta and Anil Baran Das became second degree tenants.
(2.) Bankim Chandra Dutta son of Surendra Nath Dutta inherited his interest after his death and similarly after the death of Bankim Chandra Dutta, his interest was inherited by the appellant No. 1 together with others. The said tenancy was created prior to coming into force of the West Bengal Premises Tenancy Act, 1956 (hereinafter referred to as the said Act). A suit for ejectment was filed by the respondent. The said Suit being Ejectment Suit No. 835/81 was decreed.
(3.) An execution case was filed for execution of the said decree which was marked as Execution Case No. 134 of 1989. When the Court bailiff went to deliver possession on 18.11.89 a resistance was offered by the Opposite Parties, namely, Smt. Renuka Dutta (since deceased), Tarun Kumar Das, Dhirendra Kumar Chakraborty, Tusher Kanto Ghosh and Tarak Nath Chakraborty. Allegedly they were sub- tenants of the judgment-debtor Bibhuti Bhusan Bhattachaijee.;