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K. RAMASWAMY, M. N. VENKATACHALIAH
Shyam Sunder Dutta – Appellant
Versus
Baikuntha Nath Banerjee – Respondent
(1) THIS case has a chequered career. Initially, Title Suit No. 40 of 1927 was filed for partition of the plaint-schedule-properties by the mother of the appellant. Pending suit, a Receiver was appointed on 3/5/1933. During the course of the administration of the plaint-schedule-properties, he had inducted the respondents into possession purporting to be as tenants. Ultimately, the suit was decreed in January 1940 and the Receiver was discharged in December 1941. Thereafter, the appellant on attaining majority, filed a second partition suit Title Suit No. 53 of 1944, for partition of other properties and also the suit property which was jointly in possession and enjoyment of him and his co-sharers. He also filed an application for ad interim injunction to restrain the respondents from interfering with his possession when there was a threat of dispossession. On 30/4/1944, a preliminary decree in the Title Suit No. 53 of 1944 was passed followed by a final decree of 7/11/1949. Thereafter in November 1955, the third suit T.S. No. 164 of 1955, was filed against the defendants when the threat of dispossession to the extent of 2 acres and 21 cents was persisting for a declaration
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