Mookerjee, J.

Prabir Kumar Sets, the respondents herein, has obtained a decree for eviction in Ejectment Suit No. 892 of 1977 in the City Civil Court at Calcutta against Smt. Anadi Devi Agarwalla. The respondent put the said decree into execution. According to the report of the Bailif, the present appellant had resisted the execution of the said decree claiming to be a sub-tenant under the judgment-debtor. Thereupon, the decree-holder respondent made an application in the executing Court under Order 21, Rule 97 of the Code for execution of the writ of delivery of possession with police help. The present applicant had opposed the said application claiming to be a sub-tenant of the suit premises from long before the year 1956. The learned Judge, 4th Bench, City Civil Court at Calcutta by his judgment and decree under appeal allowed the Misc. Case under Order 21, Rule 97 of the Code and directed the decree holder to get possession of the suit premises through police help. The appellant, being aggrieved, by the said order, presented this Memorandum of Appeal which has been described as an Appeal from Original Decree. The appellant has been ad-valorem court fees upon the Memorand