SUBRATA TALUKDAR, J.

In this application under Article 227 of the Constitution of India challenge is thrown by the petitioner/decree holder/plaintiff to the judgment and order dated 3rd September, 2013 in Title Execution Case No. 5 of 2012 passed by the Learned 4th Civil Court (Junior Division) at Alipore.

The short facts of the case are as follows:-

(a) That the petitioner as plaintiff filed a suit for declaration and injunction praying, inter alia, for a declaration that she is a tenant in respect of the suit premises and cannot be evicted without due process of law.

(b) The said suit being Title Suit no. 2612 of 2009 culminated into a Compromise Decree between the parties. The parties also entered into Terms of Agreement which were made part of the Decree.

(c) Order no.9 dated 1st June, 2010 decreeing the suit on Compromise between the parties under Order 23 Rule 3 of the Code of Civil Procedure (for short CPC) reads, inter alia, as follows:-

"It is ordered that the suit be decreed in terms of the petition of compromise in so far as they relate to the subject matter of the suit. The petition of compromise and the agreement in between the parties be made part of the decre