SANKAR BHATTACHARYYA, J.

( 1 ) THIS is an appeal by the defendant/judgment Debto from an appellate order dismissing his application under S. 47 of the Code of Civil Procedure.

( 2 ) ADMITTEDLY the respondent No 1 Bholanath Sen as trustee of the premises No. 171, Balaram Dey Street, appointed under a Deed of Trust dated 8. 7. 1941 executed by Ram Das Sen. , instituted Abetment Suit No. 278 of 1954 against the appellant for eviction from a part of the said premises and obtained a decree which was passed on 15. 2. 1956 by the learned judge, 3rd Bench of the Court of Small Causes, Calcutta. The said decree was affirmed in Special Appeal No. 99 of 1956 by an appellate Bench of the said Court and also in Second Appeal No 1366 of 1960 by this Court. When the suit was pending in Second Appeal the beneficiary Tarak Nath Sen on this application was added a party respondent by an order made in Civil Rule No. 161/s of 1961 as it was considered desirable that the second appeal should be heard in his presence. After the ejectment decree was affirmed in Second Appeal the respondent no 2 Trarka nath Sen sought to put the decree into execution by filing an application for execution, which was regi

Click Here to Read the rest of this document