KALYAN JYOTI SENGUPTA, J.

( 1 ) THE plaintiff has taken out this application for eviction of a number of persons as mentioned in paragraph 16 of the petition from suit premises being No. 111 park Street Calcutta, principally, on the ground these persons have taken possession in breach of the interim order of status quo and further disturbing possession of the receiver appointed by this Court, during pendency of the suit.

( 2 ) THE short fact of the case is that the plaintiff Bank entered into three agreements with the defendant No. 1 for purchase of five floors namely 1st, 2nd, 3rd, 4th and 5th of the aforesaid premises at an agreed price on or about 22nd August 1989. At that point of time the proposed building was not constructed. So, in terms of the agreements possession and/or occupation of the respective floors were to be delivered in phase-wise and gradually. The defendant No. 1, however in breach of the said agreement failed and neglected either to give possession of the respective floors as agreed upon or to execute and register necessary conveyance.

( 3 ) IT appears from the records that defendant No. 1 was the promoter and defendant Nos. 5, 6 and 7 were the owner of the

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