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1993 Supreme(SC) 1106

G.N.RAY, K.JAYACHANDRA REDDY
Zahurul Islam – Appellant
Versus
Abul Kalam – Respondent


(1) MR Zahurul Islam, petitioner, in this contempt application instituted a suit being title Suit No. 112 of 1982 in the Second court of learned Subordinate Judge, Alipore, against Respondent I, Abul Kalam for declaration of title, recovery of khas possession of the suit property being premises No. 70, Beck Bagan Row, Calcutta, and for permanent injunction. The said Abut Kalam also instituted a title suit in the Second court of learned Munsif being title Suit No. 123 of 1983 against the petitioner, Zahurul Islam, for permanent injunction restraining the said Zahurul Islam for interfering with the possession of the said Abul Kalam in respect of the disputed property. The aforesaid Suit No. 123 of 1983 instituted by Abul Kalam was transferred to the Second court of learned Subordinate Judge and was renumbered as Suit No. 209 of 1982. Both the suits were analogously heard and the suit instituted by Abul Kalam was dismissed with costs and the suit instituted by Zahurul Islam was decreed with costs on 9/12/1987. It was inter alia held by the learned Assistant District Judge that the Urdu receipt (Ext. A) filed by Abul Kalam in support of his tenancy right was mutilated document















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