Judgment

CHANDRACHUD, J.:- In this appeal by special leave from the judgment of a learned Single Judge of the High Court of Calcutta, two questions are raised for our consideration on behalf of the appellants who have obtained against the respondent a decree for eviction (1) whether the decree of the trial Court has merged in the decree of the High Court and (2) whether by reason of Section 17-D of the West Bengal Premises Tenancy Act, 1956 the decree for eviction is incapable of execution.

2. Long, long back on May 19, 1953 Messrs. Hind Estate Private Ltd., the predecessors-in-title of the appellants, filed against the respondent a suit for eviction on the ground of non-payment of rent. On November 24, 1958 the learned Second Munsif at Alipore, passed a decree for possession in favour of the plaintiffs holding that by reason of defaults in the payment of rent, the respondent was not entitled to the protection of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950. That decree was confirmed in appeal by the learned Subordinate Judge, 4th Court, Alipore, on April 12, 1967. During the pendency of the appeal, the appellant had purchased the right, title and interest o