( 1 ) THE opposite parties filed Ejectment Suit No. 106 of 1984 in the Court of Munsif, Purulia against one Hem Chandra Kar, petitioners and proforma opposite parties for eviction of the defendants in the suit from the suit property. It was alleged that Hem Chandra was a monthly tenant at a rental of Rs. 30/ -. The said tenant had sub-let the suit premises to the father of the petitioners and proforma opposite party No. 4 without consent of the landlord. The plaintiff-opposite parties 1 and 2 served notice both under section 106 of the Transfer of Property Act and under section 13 (6) of the West Bengal Premises Tenancy Act asking them to vacate the suit property. The suit ended in an ex parte decree on 20th June, 1986. In the ex parte judgment there is no 5nding as to service of a valid notice under section 13 (6) of the West Bengal Premises Tenancy Act (hereinafter called the Act ).

( 2 ) THE said decree is sought to be executed by virtue of Title Execution Case no. 17 of 1986. The petitioners had filed an objection under section 47 C. P. Code challenging the executability of the decree. It was urged before the executing court that the trial court did not find i