Satya Brata Sinha, J. - (1.) This appeal is directed against an order dated 8.7.81 passed by A.K. Choudhury, Sub-ordinate Judge, 8th Court Alipore In Miscellaneous Case No. 10/8 (Misc. Case No. 35/79 of the 9th Sub-Judge's Court) and Miscellaneous Case No. 11/81 of this Court (Misc. Case No. 41/79 of the 9th Court of Sub-Judge) whereby and whereunder the said learned court dismissed Misc. Case No. 10/81 on contest and dismissed Misc. Case No. 41/79. The fact of the matter lies in a very narrow compass.
(2.) The appellant obtained a decree for specific performance of contract in Title Suit No. 100/78 against one Utkal Watch Co. As no sale deed was executed by the defendant-Judgment debtor, a sale deed was executed by the defendant- Judgment debtor, a sale deed was executed through court on 9.3.79. A direction was given by the executing, court to the bailiff to give possession of the suit property to the decree holder, pursuant whereto he went to take possession on 23.3.79 when the judgment debtor and his men resisted thereto. A report to that effect was submitted by the bailiff on 23.3.79.
(3.) The petitioner filed an application for grant of police help which was registered as Miscellaneous Case. One Ajit Das filed an application purported to be under Order 21, Rule 100 of the Code of Civil Procedure on the ground that he was owner of the suit premises as allegedly M/s. Utkal Watch granted a lease in the favour for a term of 30 years with effect from June, 1974 at a monthly rental of Rs. 250/-. M/s. Indian Engineering Company was a tenant and was in occupation of the mezanine floor under the Judgment debtor. The tenancy to Sri Ajit Das was said to be subject to the tenancy granted in favour of M/s. Indian Engineering Company.;