Kolkata Court November 1959 Judgments
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Tarak Nath Gangopadhyaya Vs. Kali Sankar Bandopadhyaya and ors.
Court: Kolkata
Decided on: Nov-18-1959
Reported in: AIR1960Cal440
ORDERB.N. Banerjee, J. 1. This application for revision is directed against an order passed by a learned Munsif, deciding a preliminary issue against the defendants.2. Facts which are not disputed before me, may be shortly stated as hereinbelow set out.3. On June 18, 1955. the petitioners, as plaintiffs, instituted T.S. No. 141 of 1955, against opposite party Nos. 1 and 2, claiming their eviction from a godown on Plot No. 517, Interest No. 285 in Mouza Kola, P.S. Panskura, District Midnapore and further claiming arrears of rent from the month of Magh 1361 B. S. to Jaistha 1362 B.S.4. The case made by the plaintiffs in T. S. 141 nf 1955, was that the opposite party Nos. 1 and 2 (Defendants in that suit) became tenants under the plaintiffs in respect of a godown, on February 12, 1946, and the terms and conditions of the tenancy were incorporated in a registered deed of agreement. The tenants defendants in that suit (Opposite Party 1 and 2 herein) having had defaulted in payment of the re...
Sk. Abu Bakkar and ors. Vs. Sm. Parimal Prova Sarkar and anr.
Court: Kolkata
Decided on: Nov-18-1959
Reported in: AIR1962Cal519,66CWN43
ORDERS.K. Sen, J. 1. The revisional application is directed against the orders of the courts below dismissing an application under Order 39, Rule 2(3) of the Code of Civil Procedure on the ground of want of jurisdiction. The petitioners filed a title suit, being Title Suit No. 905 of 1955 of the First Court of the Munsif, Alipore, for declaration of their title to certain land and for recovery of possession therein against opposite party No. 1 Sm. Parimal Prova Aich Sarkar and one Bejoy Krishna Aich Sarkar. In the course of the suit an injunction was obtained by the petitioners restraining the defendants from making any pucca or permanent construction on the encroached lands, that is the suit lands alleged to be encroached, and also upon the admitted lands of the tenancy as shown in the plain annexed to the plaint. Sm. Parimal Prova Aich Sarkar, plaintiff in Title suit No. 89 of 1956 in the Third Court of the Subordinate Judge, Alipore, made a prayer for transfer of Title Suit No. 905 ...
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