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PRASENJIT BISWAS
Nripendra Chandra De (Since Deceased) Represneted by Debabrata Dey – Appellant
Versus
Sulekha Sen – Respondent
JUDGMENT :
Prasenjit Biswas, J.
1. Feeling aggrieved and dissatisfied with the impugned order dated 26.08.2011 passed by the Learned Judge, 6th Bench, Small Causes Court, Calcutta in Ejectment Execution Case No. 212 of 2007 arising out of Ejectment Suit No. 1134 of 2002 the petitioner/decree holder has filed this application under Article 227 of the Constitution of India.
2. The petitioner being the land lord of the suit premises instituted a suit for ejectment against the proforma opposite parties nos. 1 to 6 who were the heirs of the original tenant Biswanath Sen. The Ejectment Suit No. 1134 of 2002 was decreed on contest by the learned Trial Court on 15.02.2007 whereby decree for recovery of khas possession of the case premises was passed in favour of the plaintiff. Challenging the said judgment and decree passed by the learned Trial Court the judgment debtors/proforma opposite parties nos. 1 and 6 (herein) filed an appeal being Title Appeal No. 63 of 2007 before the First Appellate Court. Thereafter, the plaintiff/ decree holder put the decree into execution by filing Ejectment Execution Case being No. 212 of 2007. In the meantime, proforma opposite parties (herein) vacated the su
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....
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 cannot go behind the decree and must execute it according to its tenor, and cannot entertain objections to the decree's correctness in law or on facts, unless it is a nullity or p....
The judgment emphasized the requirement for the court to adjudicate all questions of right, title, and possession in the property claimed by the objector under Order XXI Rule 97, and clarified the di....
Rule 97 read with Rule 101 of Order 21 post amendment wherein the executing court has to determine under Rule 101 Order 21 of the Code that the question raised has legally arisen between the parties ....
The executing court has the power to remove unauthorized constructions made pendente lite and to ensure full enforcement of the possession decree. The court also emphasized that the respondents canno....
The executing court possesses the authority to remove illegal constructions made during litigation to ensure complete enforcement of possession decrees.
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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