JUDGMENT

Ashok Bhushan, J. - This appeal has been filed against the Division Bench Judgment of Calcutta High Court in FMA No. 720 of 2005, by which the appeal filed by the respondent No.1 has been allowed setting aside the order of Executing Court dated 10.08.2004 rejecting the application filed by respondent No. 1 under Order XXI Rules 98, 99 and 100 of the Code of Civil Procedure (hereinafter referred to as "CPC").

2. Brief facts of the case giving rise to this appeal are:-

2.1 One Tarapada Dutta owned premises No.15, Sahanagar Road, P.S. Tollygunge, Calcutta. An agreement for sale was executed by Anadi Dutt, who claimed to be son of Tarapada Dutta in favour of Rajvindar Singh in respect of 4 Kh. 4 Ch. and 00 sf t. of land and structures at premises No.15. Another agreement for sale was entered by Anadi Dutt with Shamsher Singh in respect of 4 Kh. 6 Ch. and 6 Sft. of land and structures of premises No.15.

2.2 The respondent had filed a T.S. No.211 of 1990 before the 3 rd Munsif at Alipore praying for decree of declaration of his right with regard to premises in question on the basis of adverse possession.

2.3 Anadi Dutt having not executed the sale deed in pursuance of agreement