1. THE petitioner-appellant in the Civil Revision application as also the appeal, which is a partnership firm, was a third party in an execution proceeding. The first respondent-landlord filed a suit in August, 1979 for eviction of the respondent No. 2. During pendency of the said execution proceedings the appellant fifed an application purported to be under section 47 of the Code of Civil Procedure, paragraph 3 whereof reads thus:

"that the opposite party No. 1 is staying on the 1st floor at the said premises. Your petitioner since the 1st part of year 1967 is adversely occupying a room at the ground floor at Premises No. 3, mango Lane, Calcutta-1 without any interruption and/or resistance horn the opposite party No. 1. The opposite party No. 1 nerve asked your petitioner to vacate the said premises. Therefore, your petitioner is in possession of the said room bearing their lawful right, title, interest in the said room. Actually the uncle of the opposite party no. 1 since deceased is distant relation of one of the partners of your petitioner, who allowed your petitioner to run the said businesses as rightful owner of the said suit room without paying any rent to the oppos