( 1 ) THIS is an application for restoration of possession filed by the defendant/appellant before this Court. This second appeal was admitted by this court on 22/03/1991 and immediately after the admission of the appeal, the application was presented for appropriate order.

( 2 ) THE learned Advocates appearing on behalf of the respondent stated on instruction from the respondent No. 1 who was present in court that the respondents had taken possession of two rooms on the ground floor and one room and one bath room on the 1st floor of premises No. 38, S. N. Banerjee Road,barrackpore and that the respondent No. 1 was occupying the said premises after executing the decree. Mr. Sakti Nath Mukherjee, learned Counsel appearing on behalf of the appellant submitted that the appellants have been forcibly dispossessed by the bailiff with police help even though there was no order from the executing court for any police help. It was submitted that all goods and belongings of the appellant were thrown on the street on 22/03/1991 whereupon this court passed an order directing the Superintendent of Police, 24 Parganas, North to submit a report and to appoint a r