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AJOY KUMAR MUKHERJEE
Vishwamitra Ramkumar – Appellant
Versus
Ghosh And Sons Private Limited – Respondent
JUDGMENT
Ajoy Kumar Mukherjee, J. - Challenging order nos. 171 dated 11.02.2020 and 172 dated 05.03.2020 passed by the learned Judge, 6th Bench, Small Causes Court at Calcutta in Ejectment Execution Case No. 85 of 2008, present application under section 227 of the constitution of India has been preferred. Petitioner contended that the petitioner as owner/land lord had filed seven separate suits against the then existing tenants of the suit building before the learned City Civil Court, Calcutta, and the opposite party herein was defendant/tenant in one of such eviction suits, which got dismissed by the Trial Court. Appeal was preferred before this court and the appeal was also dismissed. However the Hon'ble Supreme court passed decree for eviction on the ground of building and rebuilding. Hon'ble Supreme Court passed the decree of eviction on 05.04.2007 under section 13(1) (f) of the West Bengal Premises Tenancy Act, 1956 (herein after called as Act of 1956) and directed the trial court to expeditiously pass decree and consequential orders in terms of section 18A of the Act of 1956, within three months. The petitioner states pursuant to the aforesaid direction the learned judge of Ci
The jurisdiction to execute a decree for eviction under Section 13(1)(f) of the West Bengal Premises Tenancy Act, 1956 lies with the trial court that passed the decree, and not with the rent controll....
The executing court has a duty to ensure physical delivery of the property in accordance with legal provisions, and applications related to the execution of a decree should be decided based on the gr....
Landlords must comply with statutory obligations to restore possession to tenants post-eviction in accordance with relevant provisions and court directives.
The executing court retains jurisdiction under tenancy laws to enforce possession restoration in compliance with Supreme Court directives, highlighting the importance of timely landlord obligations.
Subsequent purchasers possess the legal right to execute possession decrees under CPC without needing an assignment of the decree.
The executing court affirmed that a valid compromise decree must be executed regardless of the landlords' objections, emphasizing the importance of compliance with contractual obligations.
Executing Court has authority to adjudicate all questions pertaining to right, title or interest in property arising between parties including claim of a stranger who apprehends dispossession from im....
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