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1999 Supreme(SC) 186

S.P.KURDUKAR, S.N.PHUKAN
Kanai Lal Garari – Appellant
Versus
Murari Ganguly – Respondent


ORDER

1. This appeal is filed by the appellant-plaintiffs challenging the legality and correctness of the judgment and decre dated 30-5-1989 passed by the High Court.

2. The plaintiffs filed a suit based on title for possession of a suit property which they claimed to have purchased under the registered sale deed dated 10-6-1974 from some of the heirs of the original owner Shri Jugal Kishore. The defendant had set up a lease dated 20.5.1968 (Exhibit 5) from Jugal Kishore and according to them they have been in possession pursuant to the said lease and the plaintiffs cannot ask for possession from the lessees. Parties went to trial Court decreed the suit. The appeal preferred by the respondent-defendants was dismissed. The respondent-defendants thereafter preferred second appeal to the High Court and the High Court by its judgment and decree dated 30.5.1989 set aside the judgment of the courts below and remanded the matter to the trial Court for disposal in accordance with the directions contained in its judgment. It is this judgment of the High Court which is the subject-matter of the challenge in this appeal which is filed after obtaining leave. Mr. Tapas Ray, learned Senior Advoca








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