1. The judgment-debtor in an eviction suit has preferred the instant revisional application against an order rejecting the application of the judgment-debtor under Section 47 of the Code of Civil Procedure.

2. The relevant facts, in a nutshell, are as follows:

A suit was filed by the vendor of the present opposite party in the year 1980, for eviction of the judgment-debtor/petitioner in respect of a top floor (third floor) flat at premises no. 1, Allenby Road, Kolkata, together with appurtenances attached thereto. During pendency of the suit, the plaint was amended, thereby altering the description of the suit property in the schedule, which, after amendment, comprised of the entire top floor flat including one “servant room of low height upon a garage at the ground floor” of the said premises. Subsequently the suit was dismissed on March 30, 1996. A title appeal was preferred against such dismissal by the vendor of the present opposite party. During pendency of the said appeal, the opposite party purchased the third floor flat, with appurtenances, on November 18, 1998.

3. Ultimately the appeal was dismissed on December 20, 1999. A second appeal was preferred against such di