Manash Nath Roy, J.

1. There was a proceeding initiated in respect of premises No.16, Camac Street, Calcutta, on the basis of attachment made by the Commissioner of Sanchaita Investments and due objections were filed. In the proceedings, on or about 25th August, 1986, an order was passed by the Special Division Bench, which was presided over by Anil Kumar Sen, J. (as His Lordship then was), and the said Special Bench directed to serve notices upon M/s. Voltas Ltd. and M/s. W.S. Bhalla, the two tenants of the premises, and consequently, the auction sale of the premises in question, was adjourned till 9th September, 1986. On or about 3rd September, 1988, M/s. Voltas Ltd. and M/s. W.S. Bhalla were heard on the objections as were filed by them. Then, on 5th September, 1986, the Special Division Bench of this Court passed the following order:-

"Before we part since the property is going to be sold, it is necessary for us to decide the extent of the tenancy so that there may be no dispute between the purchaser and these two claimants with regard to the extent of their tenancy. Though as between the two appellants now before us, they are claiming tenancy in respect of the building