ORDER :

Appellant is Uttara Co-operative Housing Society Ltd. It purchased about 61 cottahs 6 chittaks of land at 13, Broad Street, Kolkata, from one Manmotha Nath Banerjee and his brother by two registered sale deeds executed in the year 1974.

2. One Manicklal Karmakar, the predecessor-in-interest of the respondents-herein, was forcible occupier of a small portion of the said land purchased by the petitioner society. Manicklal claimed himself to be a thika tenant in respect of 11 cottahs of land situated on the north-western part of the 61 cottahs of land. Manicklal used to run a motor garage on the land occupied by him.

3. The society constructed 134 residential flats of various sizes and made allotment of the constructed flats to its members. However, 18 flats could not be constructed as Manicklal did not vacate the portion that was in his occupation.

4. In 1976, petitioner society entered into an agreement with Manicklal, whereby Manicklal agreed to surrender his tenancy to the petitioner society, and ultimately did surrender his thika tenancy rights in favour of the petitioner society.

5. One Suresh Chandra Bhowmick became the Chief Executive of the petitioner society. In the year