( 1 ) THIS application under Order 21, Rule 97 of the Code of Civil Procedure raises an interesting question of law of some importance. Shortly put, the question is, whether the applicant decree-holder who has obtained against the defendant judgment-debtor Ragunath Prosad Gupta a decree for vacant possession of the open plot of land which had been let out to the said Ragunath Prosad Gupta, is entitled to evict the respondents who claim to he tenants under the said Ragunath Prosad Gupta of portions of the structures built by the said judgment-debtor Raghunath Prosad Gupta on the said open plot of land.

( 2 ) THE open plot of land in question belongs to the Board of Trustees for the improvement of Calcutta and was held by Gopekrishna Arora, Mulch and Arora, Radhakrishna Arora and Joykrishna Arora as lessees with an option to purchase the same. In a suit for partition between the Aroras, a receiver was appointed over their properties, including the laid in question. The land in question had been let out to one Reghunath Prosad Gupta who had built structures on the land and had inducted the respondents in the present proceeding as tenants in the said structures built by