( 1 ) THE instant interlocutory motion has been taken out by the plaintiff primarily to negate the impact of a decree for eviction passed against them by the Court of learned First Munsiff, at Alipore. The proceeding for execution of the said decree, which was passed on or about 30th September, 1997 is pending before the Court of learned 1st Civil Judge, Junior Division at alipore, being Title Execution Case No. 1 of 1998. The first defendant, who at present is prosecuting the execution proceeding claims to be the owner in respect of certain premises comprised of three holding numbers, being 36a, 36b and 36c, Pratapaditya Road, Kolkata, of which the plaintiff was the tenant. The exact date of commencement of the tenancy has not been disclosed, but it has been pleaded that the plaintiff was inducted as a tenant much prior to the year 1951.

( 2 ) ONE Heramba Chandra Chowdhury was the original landlord of the plaintiff. It appears that he purchased the premises in the year 1941. He passed away in the year 1951, survived by his widow, Rajbala Debi, two sons Sasanka sekhar and Kalikesh and four daughters. Rajbala Debi passed away on or about 14th November, 1972. She