This is second ground of litigation initiated by the petitioner before this Court.

To understand that the issue involved herein, the brief fact is required to be narrated.

Petitioner being the landlord filed a suit for eviction under Section 13 (1)(f) of the West Bengal Premises Tenancy Act , 1956. The said proceeding went up the Hon’ble Supreme Court wherein the Hon’ble Supreme Court has decreed the suit directing the Trial Court to pass the formal decree, so, that the landlord be given Khas possession for building and re-building, thereafter, after completion of building the tenant may put in possession in terms of the Section 18A of the said Act, 1956.

Consequently, the Trial Court passed a decree favouring both the landlord and tenant and fixed the date for vacation of the building by the tenants and completion of building by the landlord and again directed the landlord to give possession to the tenants within the stipulated period of time. Consequently, the tenants vacated the premises. The landlord started building and re-building. However, dur