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1980 Supreme(Cal) 261

D.C.CHAKRAVORTI
Nrisingha Maitra – Appellant
Versus
Shyam Sundar Chattopadhyay – Respondent


Advocates Appeared:
Abinash Chandra Bhattacharjee and Subhas Bhattacharjee, for Petitioner; Nirendra Nath Mitra and Mrityunjoy Goswami, for Opposite Parties.

Judgement

ORDER:- In the matter of an application for Stay under Section 115 of the Code of Civil Procedure, 1908.

2. And in the matter of Judgment and decree dated 14-6-1979 and 21-6-1979 respectively passed by the learned 2nd Additional District Judge, Nadia in M.A. No. 12/78 affirming those dated 6-6-1978 and 10-6-1978 respectively passed by the learned Munsif, Ranaghat, Nadia in M.S. No. 36/76.

3. And in the matter of ad interim stay of execution of the decree complained against, as referred to in the petition till the disposal of the Rule.

4. This Rule is directed against an order of the Additional District Judge, 2nd Court, at Krishnagar dismissing an appeal from the order of the learned Munsif at Ranaghat decreeing a money suit instituted for the purpose of recovering mesne profits.

5. The facts necessary for purposes of disposal of this Rule are as follows: The opposite party herein brought a suit being title suit No. 306 of 1973, against the present petitioner praying for a decree for eviction, recovery of possession and mesne profits. The title suit was decreed on December 10, 1975 and the delivery of possession was obtained on June 1, 1976. Be it noted here that the claim f













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