- (1.) These are the two revisional applications arising out of one and the same execution case being Title Execution Case No. 1 of 1978 of the 6th Court of the learned Subordinate Judge at Alipore which have been heard on contest analogously. The petitioners are the objectors whose objections under S. 47 of the Code of Civil Procedure had been dismissed. To appreciate the real issue involved in the dispute between the parties it would be necessary to refer to certain facts which may shortly be set out as follows.
(2.) Engineers Syndicate (India) Private Limited took lease of a plot of land situated on the northern side of Taratala Road, P.S. Garden Reach, District 24 Parganas (hereinafter referred to as the suit land) from the admitted owners thereof namely, the Commissioners for the Port of Calcutta (since re-designated as Board of Trustees for the Port of Calcutta). Engineers Syndicate defaulted in payment of rent and the Trustees for the Port of Calcutta instituted Title Suit No.35 of 1970 claiming recovery of possession by evicting the lessee and for arrears of rent. That suit ws decreed on July 6, 1972. On October 11, 1972, Engineers Syndicate by a registered Deed of Sale transferred their right, title and interest in the suit land together with all immovable structures, godowns, sheds offices, telephones etc. in favour of Messrs. Nabendu Goswami and Nikhilendu Goswami, a proprietory firm of Nirmalendu Goswami (hereinafter referred to as the Goswamis) for valuable consideration therein specified. The Deed of Sale provided that the purchaser shall make arrangement with the Trustees for the Port of Calcutta either as monthly tenant or as a lessee directly under them and the purchaser also agreed to pay all dues then outstanding to the Trustees for the Port of Calcutta.
(3.) Sometime in the year 1973 the Trustees for the Port of Calcutta put the aforesaid decree into execution in Title Ex. Case No.11 of 1973. The Goswamis, that is, the purchasers from the judgment debtor Engineers Syndicate paid the decretal arrears whereupon the Trustees for the Port of Calcutta filed an application on August 2, 1974, in the executing proceeding stating that the judgment debtor has paid all the dues under the decree and there is no necessity of proceeding with the execution case which should be dismissed on full satisfaction. Since the said application did not disclose the fact as to whether the decree for possession. also had been satisfied in any manner or not, the executing court called upon the Trustees for the Port of Calcutta "to let the court know whether it wants to proceed for recovery of possession." The Trustees for the Port of Calcutta took no further steps and did not answer the queries of the executing court. The executing court by an order dated December 17, 1974, disposed of the said Title Execution Case No.11 of 1973 on part satisfaction.;