The court has the power to appoint a Receiver for the purpose of executing a decree, even if the property is situated outside its territorial jurisdiction, if a special case is made out.

B. P. BANERJEE, J.

( 1 ) THIS is an appeal against an order dated 14th January, 1993 passed by the learned trial Judge in Extraordinary Suit No. 20a of 1987, on an application for execution of a decree for possession of the immovable property. The plaintiff-respondent filed a suit for eviction of the appellant-defendant who was a tenant in respect of the premises in question. The Ejectment Suit was originally filed in Alipore, 24-Parganas (before its bifurcation) being Title Suit No. 36 of 1981.

( 2 ) THE case had a chequered career. The appellant was a tenant under the defendant-respondent in respect of the suit premises situated at 2/8b, Sarat Bose Road in respect of the ground floor with three service rooms on the first floor of the out-house of the premises No. 2/8b, Sarat Bose Road, Calcutta. The defendant-appellant undertook to vacate the premises by 31st October, 1975 and thereafter the appellant-tenant failed to vacate the suit premises. The plaintiff-respondent thereafter served a notice to quit under section 13 (6) of West Bengal Premises Tenancy Act, 1956 requiring the appellant to quit and vacate the premises also on the ground of reasonable requirement. The tenant appellant was called upon to vacate the premises by 31st July, 1980. Notice was served as the respondent-landlord wanted to avail of additional ground for eviction. Immediately on receipt of the notice to quit the appellant-tenant filed a suit in the Original Side of this Court being Suit -No. 583 of 1980 challenging the validity and/or legality of the Notice to quit dt. 13/14th June, 1980 and for a declaration that the appellant/tenant continued to be a monthly tenant. Thereafter on 7th August, 1980 the plaintiff-respondent instituted a suit for ejectment before the District Court at Alipore being Title Suit No. 37 of 1980. An Application was taken out by the plaintiff-respondent for dismissal of the Suit No. 583 of 1980 filed in this court on the ground of lack of jurisdiction and that by the order dated 25th March, 1981 the suit filed the appellant in this court was dismissed. The appellant thereafter preferred an appeal from the said order dt. 25th March, 1980. Thereafter the appellant filed an application for stay of the eviction suit at Alipore Court in Title Suit No. 37 of 1980 under section 10 of the Code of Civil Procedure on the ground of the pendency of the suit filed by the appellant in the High Court. By the order dt. 19th November, 1983 an application under section 10 of the Code of Civil Procedure was allowed by Alipore Court and the eviction suit against the appellant was stayed. The said order of stay under section 10 of the Code of Civil Procedure was challenged by the respondent-plaintiff before this court which was set aside by this court on 14th July, 1984. The appellant being aggrieved by the said order dated 14th July, 1984 setting aside the order of stay under section 10 of the Code of Civil Procedure moved a Special leave Petition to the Supreme Court which was dismissed on 27th December, 1984. In 1987 the Alipore Suit was transferred to this Court under Clause 13 of the Letters Patent by consent of the parties. Ultimately, eviction suit was decreed by this court on 3rd May, 1992. The judgment-decree dt. 3rd May, 1992 passed in the said eviction suit by this court was challenged in appeal filed by appellant and the appeal court dismissed the said appeal and affirmed the decree for eviction on 14th December, 1992 in Appeal No. 224 of 1991. Special Leave Petition was filed before the Supreme Court against the judgment passed by the Appeal Court on 14th December, 1992 but the said Special Leave Petition was also dismissed by the Supreme Court. For the purpose of recovery of possession an application for execution of the decree was filed before the learned trial Judge with a prayer for appointment of Receiver over the suit premises for execution with direction to take over physical possession of the same from the appellant judgment

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