Sabyasachi Bhattacharyya, J. - (1.) The present revisional application has been preferred against an order dated May 8, 2017 passed by the executing court, dismissing the petitioner's application for injunction made in connection with an application under Order XXI Rules 97 to 101 of the Code of Civil Procedure, bearing Miscellaneous Case No. 773 of 2010.
(2.) The petitioner resisted a decree passed against one Krishna Gopal Mondal, being the son of late Balahari Mondal, in favour of the Opposite Party nos. 1 to 8.
(3.) The admitted facts of the case are as follows: One Maulvi Marful Huq was the original owner of the suit property. The said Marful gave leases in respect of the said property to one Ramdas and one Phani Bhusan Mondal. Subsequently, Phani Bhusan Mondal transferred his interest to Ramdas, thereby rendering Ramdas the sole lessee in respect of the suit property. The said lease in favour of Ramdas was described to be a yearly lease and executed by a kabuliyat dated October 29, 1913. Thereafter a fresh lease was executed in similar tune on April 16, 1916. Ram Das built structures, both pucca and kutcha, on the said property, as per permission granted in the kabuliyats. Such structures were made primarily for the purpose of running a rice mill. Thereafter, one Kalipada Sardar obtained a money decree against the said Ramdas. Such decree was put into execution and Kalipada himself purchased the rights of Ramdas in respect of the suit property in an auction sale in connection with the resultant execution proceedings.;