( 1 ) THE subject matter of the present litigation is one godown on the ground floor in premises No. 18/1 Nimtola Ghat Street, Calcutta. The godown was admittedly held by Kanai Lal Marwari under the owners Brojen Dutt and Bejoy Krishna Dutt. On 29th March 1948, they filed an application for possession of the godown. The application was allowed and possession was directed to be delivered on 25th May 1949. The date of delivery of possession was extended from time to time till at last on 20th June 1951, the present petitioner Sew Sankar Lal filed an application purporting to be one under Order 21 Rules 98 and 99, Civil P. C. read with Section 13 (2), West Bengal Premises Rent Control Act, 1950, alleging that he had been a subtenant in respect of the godown since the latter part of 1947 that he had a right to remain (in?) possession under the provisions of Section 13 (2), West Bengal Premises Rent Control Act, 1950, that the landlord's application for police help should be treated as one under the provisions of Order 21 Rule 97, Civil P. C. and so the Court should act under the provisions of Order 21 Rules 98 and 99 of the Code and the order for police help which h