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CO No.1237 of 2015 Sri Jayanta Kumar Dutta v.

Smt. Soma Ganguly & Anr.

Mr. Anit Rakshit Mr. Chandramala Mukherjee ... for the petitioner.

This revisional application is against the order dated January 20,2015 passed by the learned 5th Judge, Small Causes Court at Calcutta in Misc. Case No.105 of 2014. By the impugned order the learned Court below has in effect stayed the entire Ejectment Execution Case No.15 of 2006 arising out of Ejectment Suit No.176 of 2001.

Thereafter, the petitioner filed an execution proceeding being Ejectment Execution Case No.15 of 2006 before the learned 5th Judge, Small Causes Court at Calcutta. By virtue of orders passed in the said execution proceeding out of eighteen rooms of the suit property the possession of only eight rooms could be recovered. Thus, execution proceeding in respect of the remaining ten rooms of the suit property is still pending. During pendency of the said proceeding the opposite party no.1 filed an application being Misc. Case No.105 of 2014 before the executing Court claiming to be a tenant and having independent right in respect of a portion of the said property. From the documents disclosed in this application it appears that before filing the said Misc. Case No.105 of 2014 the opposite party no.1 along with some other persons had filed a suit being Title Suit No.60 of 2007 before the City Civil Court at Calcutta and from the schedule to the plaint of the said suit it appears that the opposite party no.1 claimed to be in occupation of one room along with any bath and privy situated on the ground floor of the suit property being premises no.18, Chandra Sur Lane, Kolkata-700 006. By the impugned order the learned Court below has stayed the entire execution proceeding being Ejectment Execution Case No.15,2006. Stay of the entire execution proceeding by the impugned order, according to Mr. Rakshit, is patently illegal as at the highest the opposite party no.1 can claim to be in occupation of only one room of the ground floor of the said premises, she has no right to stay the execution proceeding in respect of the other nine rooms of the suit property.