V. N. KHARE, S. B. SINHA, A. R. LAKSHMANAN
Rekha Mukherjee – Appellant
Versus
Ashish Kumar Das – Respondent
JUDGMENT
S.B. Sinha, J.-Leave granted.
2. Interpretation of a consent order passed by this Court falls for consideration in this appeal which arises out of a judgment and order dated 11.6.2003 passed by the High Court of Calcutta in CO No. 1147 of 2003.
3. The appellant herein is the landlord. The respondents were inducted as tenants. A suit for eviction was filed by the appellant against the father of the respondents in the court of 3rd Munsif, Alipore which was marked as Title Suit No. 105 of 1975. The said suit was transferred to 1st Munsif and renumbered as Title Suit No. 412 of 1977. The present respondents were substituted in place of the original defendant on his death. The respondents herein, however, claimed possession in respect of the suit premises purported to be in furtherance of part performance of contract in terms of an agreement for sale in relation whereto they filed a suit being Title Suit No. 49 of 1990 for specific performance thereof in the court of 9th Assistant District Judge, Alipore. The aforementioned Title Suit No. 412 of 1977 was decreed and for execution thereof the appellant filed an execution case before the 1st Munsif, Alipore which was marked as Title
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