P.B.MUKHARJI
OFFICIAL TRUSTEE OF WEST BENGAL – Appellant
Versus
MONMOTHONATH SADHUKHAN – Respondent
( 1 ) IN this application the Official Trustee of West Bengal asks for an enquiry and investigation regarding resistance and obstruction offered by (1) Abdul Sukkur Moham-mad Osman Khan, (2) Akhtar Hossain Khan and (3) Abdul Jalil when the applicant wanted the Sheriff to execute his decree for possession of premises No. 17, 17/1 and 17/1/1 Kashi Nath Mallick Lane,. Calcutta. The application is made under Order 21, Rule 97, C. P. C. The respondents have appeared and used their affidavits in opposition to this application.
( 2 ) BEFORE discussing the points of opposition, it will be necessary to state briefly the material and relevant facts.
( 3 ) THIS suit was instituted by the Official Trustee on 15-3-1946 against the defendant for the recovery of possession of the said premises which had been let out to the defendant whose tenancy was later determined by notice to quit. The defendant contested that suit. But after some proceedings a decree for ejectment was made on 18-12-1946 in favour of the plaintiff Official Trustee. By that decree the defendant was ordered and directed to deliver quiet possession of the said premises to the Official Trustee. An appeal was
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