JUDGMENT :

SUPRATIM BHATTACHARYA, J.

1. The present appeal has been preferred by the defendant/tenant being aggrieved by and dissatisfied with the judgment and decree passed by the Ld. Additional District Judge, Fast Track Court 1 Alipore, in Title Appeal No. 233 of 2003 dated 30.06.2006.

2. Factual matrix of the lis is that the plaintiff/landlord filed a Title Suit being T.S. 26 of 1995 seeking eviction of the tenant from a self contained flat consisting of three rooms, one kitchen, one bath-cum-privy and verandah situated in the ground floor of the building being 12-B, Indra Roy Road, PS Bhawanipur, Kolkata-700025.

3. The said title suit has been dismissed by a judgment dated 31.07.2003.

4. In the present appeal an application has been filed being CAN 1 of 2006 (bearing the old No 6410 of 2006) seeking stay of operation of the judgment and decree passed in the title appeal and title execution case no. 12 of 2006. Affidavit-in-opposition has been filed against the said application for stay and affidavit-in-reply has also been filed by the petitioners.

5. Subsequently an application being CAN 2 of 2017 (bearing old No. 7644 of 2017) has been filed on behalf of the landlords seeking occup