SUMIT DEB Vs. ANJALEE DAS

JUDGEMENT

(1.) Heard Mr. N. Dhar, learned counsel for the appellants as well as Mr. D. Mozumdar, learned Senior counsel assisted by Mr. S. Biswas, learned counsel for the respondent.

(2.) This appeal was admitted for hearing on the following substantial questions of law by order dated 29.01.2014:-

(3.) The appellants herein are the petitioners in a petition filed under section 47 CPC read with Rule 99, 100 and 101 of the Order XXI CPC in connection with T.Ex. 18/2003, which was registered as Misc. Case No.99/2006. The said execution case was filed by the respondents No.1, 2 and 3 to enforce and execute the judgment and decree dated 29.06.2002 passed by the learned Civil Judge (Junior Division) No.1, Karimganj in T.S. No.44/1999 which was instituted against Sukhamoy Deb. The said suit was for recovery of khas possession of the said house by evicting him and for recovery of arrear rent for the suit house from the month of Magh 1402 B.S. to Magh 1405 B.S. along with pendente lite interest @ 12.5% per annum till realization. The suit houses are (1) house measuring 20.5 ft from the east to west and 10.5 ft from North to South with pucca wall and floor, CI sheet roofing on the west of said house, and (2) a house measuring 7ft X 9ft with tin roofs and bamboo wall, pucca floor.