P.K. DEB, J.

(1) THE dispute has a long chequered history. Genesis of the dispute between the land owner and the developer can be traced back to the mid eighties. M/s. Pratap Properties Ltd. , being the owner of 210 cuttahs of land situated at Kishenlal Burman Road, Salkia, Howrah, had mortgaged the prime property to M/s. Morgan Walker and Co. Ltd. in the year 1977. On the failure of the mortgagor to pay the dues, the mortgagee namely M/s. Morgan walker and Co. Ltd, filed the mortgage suit being Title Suit No. 12 of 1986 before the learned Court at Howrah. On 23/08/1986 the trial Court appointed a person as Receiver. The learned trial Court accorded liberty to the Receiver to appoint Darwan for protection of the property. The learned Receiver was also directed to submit a list of the tenants/occupiers residing therein. Meanwhile, M/s. Morgan Walker and. Co. Ltd. assigned its mortgage right to salkia Estate Development Pvt. Ltd. Following an application made by Salkia, the learned trial Court allowed the prayer for substitution made on behalf of salkia Estate Development Pvt. Ltd. Another interesting development had taken place in the intervening stage with M/s. Pratap Pr