ORDER

Leave granted.

2. This case is a classic illustration of the travesty of justice and high-handedness in the dispossession of a person in possession without due process of law. The appellant, admittedly, was inducted as a tenant on behalf of M/s. India Foils Ltd. into the premises bearing No. 16, May Fair Road, Calcutta-19. The property belongs to Mrs. Gertrud Chand (hereinafter referred to as landlady ) who had entered into a lease with M/s. Indian Foils Ltd. on March 27, 1969 for the demise of the said property to the said company. In furtherance thereof, possession of the premises was, admittedly, given to the appellant. The landlady had entered into an agreement with the 6th respondent, M/s. Habitat Developers on October 17, 1985 for sale of the property for a sum of Rs. 40 lakhs. For the enforcement thereof, the 6th respondent filed title suit No. 137 of 1986 for specific performance in the court of the Second Assistant Judge, Alipur. In the written statement filed by the landlady, she had admitted thus :

"One Mr. Sanyal was inducted into the premises by India Foils Ltd. Consequently, the defendant was not in a position to offer the suit property free from encumbrances, but