JYOTIRMAY BHATTACHARYA, J.

This second miscellaneous appeal is directed against an order dated 18th September, 2014 passed by the learned Judge, Small Causes Court at Sealdah in Misc. Appeal No. 22 of 2009 arising out of an order being No. 56 dated 23rd December, 2008 passed by the learned Additional Civil Judge (Junior Division) at Sealdah in Misc. Case No. 16 of 2002 at the instance of the applicant/appellant.

Let us now consider as to whether the appeal deserves any merit for admission under the provision of Order XLI Rule 11 of the Code of Civil Procedure or not.

The respondent no. 2 herein viz. M/s. Bina Pani Galvanizing was a tenant under the respondent no. 1 herein viz. Smt. Brinda Rani Saha in respect of premises No. 150, Ultadanga Main Road, Police Station-Manicktala, Kolkata-700067. The said Brinda Rani Saha (landlady) filed an eviction suit against M/s. Bina Pani Galvanizing, the respondent no. 2 herein for evicting it from the suit premises. The said M/s. Bina Pani Galvanizing was a proprietorship firm of which Saraswati Sadhukhan was the owner. The said suit was decreed by the learned Trial Judge.

Since the judgment-debtor did not deliver vacant and khas posse