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2007 Supreme(SC) 990

G.P.MATHUR, P.K.BALASUBRAMANYAN
Santanu Chaudhuri – Appellant
Versus
Subir Ghosh – Respondent


Counsel for the Parties :
For the Appellant :Arun Jaitley and Mukul Rohatgi, Sr. Adv., D. Bharat Kumar, Anand, Abhijit Sengupta, Ms. Indrani, Avijit Bhattacharjee, Tapan Kumar Sinha and Saumya Kundu, Advocates.
For the Respondent: None.

JUDGMENT

G.P. Mathur, J.—

1.This petition has been filed by the landlord Santanu Chaudhuri for initiating contempt proceedings against the tenant Subir Ghosh.

2. The petitioner Santanu Chaudhuri filed a suit for eviction against Subir Ghosh in the Court of Civil Judge (Sr. Divn.), 9th Court, Alipore, which was dismissed. The appeal filed by the petitioner was allowed by a Division Bench of the Calcutta High Court and a decree for eviction was passed against the respondent Subir Ghosh (tenant) on 25.8.2005. Subir Ghosh then filed Special Leave Petition (Civil) No.21766 of 2005 in this Court. The petitioner Santanu Chaudhuri (landlord) also put in appearance on Caveat. The special leave petition was dismissed on 13.2.2006 and the following order was passed :

“The special leave petition is dismissed. Counsel for the petitioner prays for six months’ time to vacate the premises. Counsel for respondent present on caveat is agreeable to the same. Accordingly, the petitioner is granted time to vacate the suit premises by 31st August, 2006 subject to filing the usual affidavit by way of undertaking within two weeks from today. An advance copy of the affidavit will be supplied to the counsel f








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