MC 1897/2009 BEFORE HON’BLE MR JUSTICE B D AGARWAL This application has been filed by the applicant praying for sta y of execution of the decree dated 8.9.2008, passed by the learned Civil Judge ( Jr Division) No. 1 in Title Suit No. 99 of 2003, that has been affirmed by the l earned Civil Judge (Sr Division) No. 3, Guwahati in Title Appeal No. 52 of 2008. Sri Surana, learned counsel for the respondents submitted that t he plaintiff/appellant is only a trespasser and the appeal has been filed on cer tain technical grounds, which in all probabilities may not sustain. Sri Surana a lso submitted that the respondents who are the owners of the suit premises have made all probabilities to raise a multi-storeyed building which has covered the suit premises and as such, suitable directions may be given to the appellant to allow the respondents to construct a new building on giving alternative accommod ation. In my considered opinion, the ground for objecting the said appl ication appears to be sound and justified. Hence, the appellant/ petitioner is d irected to allow the respondents to construct a multi-storeyed building includin g the area of the suit premises, provided the respondents give alternative accom modation of 200 square feet. The aforesaid interim protection to the appellant is subject to the condition that in the event of dismissal of the appeal, the appellant shall be liable for payment of four times of the rent being paid by the appellant on b ehalf of the original tenant to the landlord at the time of institution of the s uit. It is further made clear that the possession of the appellant sh all be the outcome of the second appeal. With the aforesaid directions, Misc Case stands disposed of.