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A. N. RAY, D. G. PALEKAR, S. M. SIKRI
Girija Prasad Paul – Appellant
Versus
Corporation Of Calcutta – Respondent
Judgment
PALEKAR, J. : - This is an appeal by special leave against the judgment and decree of the High Court of Calcutta in Second Appeal No. 1918 of 1965 by which the appellant-plaintiff s title Suit No. 185 of 1958 was dismissed. The suit was for a declaration that the compromise decree in title Suit No.78 of 1947, obtained by the Corporation of Calcutta (hereinafter referred to as "the Corporation"), defendant 1, against the Banerjees, who were defendants 2 to 5, was a fraudulent and collusive decree not binding on the plaintiff, that the plaintiff had continued to be a tenant of the suit property, and for further relief that the Corporation should be restrained permanently from executing that decree against the plaintiff. There was one more defendant to the suit viz., Messrs Reliance Development and Engineering Ltd., a public limited company, of which the plaintiff at all material times was the Managing Agent and Director. No relief was claimed against this Company which was defendant No.6. The suit was dismissed by the learned Munsif at Serampore, District Hooghly, in whose Court the suit had been filed. On appeal, the learned Additional District Judge of Hooghly set aside the
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