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1972 Supreme(Cal) 68

SANKAR PRASAD MITRA, A.K.JANAH
MST. RAMDAYEE – Appellant
Versus
DHANRAJ KOCHAR – Respondent


Advocates Appeared:
C.BANERJI, PRAMATHA NATH PALIT, RATHINDRA NATH BHATTACHARYYA, SAMARENDRA KUMAR DUTT

SANKAR PRASAD MITRA, J.

( 1 ) THIS Rule was obtained against an Order of the Third Subordinate Judge at Alipore in Title Suit No. 50 of 1962 made on the 21st January, 1970. By this Order the Subordinate Judge has overruled two objections to the maintainability of the Suit. The first objection was with regard to misjoinder of parties and cause of action. And the second objection was based on Section 20 of the West Bengal Premises Tenancy Act, 1956 challenging the jurisdiction of the Court to try the Suit.

( 2 ) BRIEFLY speaking the facts are that the plaintiff is the owner of premises No. 24 Russa Road South, Post Office, Tollygunge in the District of 24-Parganas which subsequently came to be known as premises No. 91. Deshapran Sasmal Road. The building appears to be a fairly large one consisting of 32 rooms and three shop rooms facing the road. The plaintiff's case is that originally the defendant No. 1 became a tenant in respect of 23 rooms in this property. These 23 rooms have been described in Schedule 'a' to the plaint. In 1959, alleges the plaintiff, the defendant No. 1 and her husband the defendant No. 2 resisted the plaintiff's ingress to and egress from the premises in Su














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