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1953 Supreme(Pat) 37

B.P.JAMUAR, V.RAMASWAMI
Narayan Prasad Sukul – Appellant
Versus
Raj Kishore Misra – Respondent


Judgment

1. This application is for leave to appeal to the Supreme Court on behalf of defendant No. 1 against a judgment of the High Court in second appeal dated 13-4-1951. The dispute relates to a building in the Purulia town known as Pratap Natya Mandir.

2. According to the case of the plaintiffs, defendant No. 2 had executed a lease dated 3-11-1941, in their favour, which was registered on 15-11-1941. The plaintiffs brought the suit on 30-8-1943, asking for a declaration and also for permanent injunction against defendant No. 1 from executing the decree which the latter had obtained in Second Appeal No. 68 of 1943. The case of the petitioner, was that, on 5-4-1940, defendant No. 2 executed a registered lease in his favour, and, upon the basis of this transaction, defendant No. 1 had brought a suit against defendants Nos. 2 and 3 for recovery of possession of the building in dispute. The suit was decreed, and the decree was affirmed in appeal by the District Judge, and, in second appeal, the High Court affirmed the decree on 6-5-1943, with certain modification. Upon a consideration of the rival contentions in the present case the Subordinate Judge decreed the suit of the plaintiff










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