M.N. Roy, J. - (1.) Premises No 65, Southern Avenue, Calcutta (hereinafter referred to as the said premises), belonged to one Birendra Bejoy Malladev and a portion of the same, was initially let out to one led Chandra Agarwalla and others, who had entered into an agreement with Smt. Sabitri Devi Mundra, since deceased to the effect that she will have to pay Rs. 2,500/- as rent and out of that Rs. 1, 500/- would be paid tithe original landlord and rest to the tenant as mentioned hereinbefore and it has been claimed that on such basis, the said Smt. Mundra, enjoyed the premises in question, for more than 15 years, without any disturbance from any quarter. In or about 1981, the said Shri Malladev, instituted Title Suit No. 210 of 1981, before the learned Judge, 2nd Court, Alipore, for eviction of the tenants Shri Dinesh Chandra Agarwals and others Admittedly, on or about 25th November, 1985, the said suit was decreed on compromise and on the basis thereof, the tenants i.e. Shri Dinesh Chandra Agarwala and others were given liberty to occupy the suit premises upto 31st December, 1985 and vacate the same thereafter.
(2.) It would appear that thereafter, the said Smt. Mundra, while alive, filed Title Suit No. 226 of 1985, for injunction and necessary declaration and thereafter, the landlord filed an application for police help in Title Execution Case No. 4 of 1986 which arose out of the judgment and decree as made in Title Suit No. 210 of 1981. Then, on 10th April, 1986, Smt. Mundra filed an application for stay of the execution of the concerned decree, which was refused by the executing court and then, a prayer for time was made on her behalf, to move this Hon'ble Court. During the course of such proceedings, it was alleged that on or about 6th May, 1986, the said Smt. Mundra and her family was forcibly executed/ejected from the said premises, with the help and assistance of anti-social elements and it has been alleged further that goods and belongings worth about Rs. 5 lakhs, were also removed from the said premises.
(3.) Against such action, the said Smt. Mundra moved a Revisional application, wherein on 23rd May, 1986, the Division Bench presided over by Chittatosh Mookherji, J. (as His. Lordship then was), directed the learned Court below to determine the rights of the parties and also directed them to maintain status quo and restrained the parties to the proceedings, from assigning the properties in favour of others. Thereafter, the said Smt Mundra filed an application in the Court below, praying for injunction against the changing of the nature and character of the said premises. But, this application was rejected and against such order of rejection, a he preferred F. M A. T. No. 2291 of 1986 and it would appear that a Division Bench presided over by B. C. Basak, J. was pleased to direct the learned court below in that proceedings, to consider the case of the said Smt. Mundra and further directed that there should not be any demolition work carried out, in respect of the said premises and they had also appointed a Special Officer, with the directions to submit his report.;