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1960 Supreme(Cal) 95

N.K.SEN, S.K.SEN
KUNJA MOYEE DASSI – Appellant
Versus
AKSHOY KUMAR DAS – Respondent


Advocates Appeared:
Murari Mohan Mukherji, R.B.BAKSHI, S.B.BAKSHI

S. K. SEN, J.

( 1 ) THIS miscellaneous appeal is directed against an order of the learned District Judge, Howrah, setting aside an order of the Subordinate Judge, 3rd Court, Howrah, for the execution of a security bond for the sum of Rs. 800/- against the surety Akshoy Kumar Das. The facts are briefly as follows:- The appellant Kunja Moyee Dassi instituted a suit against Panchanan Rong and others for declaration of her title to the suit property and for recovery of khas possession therein on the allegation that the defendants were holders of chakran lands and were no longer entitled to hold the same. There was also a prayer for recovery of mesne profits or bhag produce for 1355 and 1356 B. S. and for mesne profits up to the date of delivery of possession or for three years after the decree. During the pendency of the suit the appellant filed an application for temporary injunction, restraining the defendants Panchanan Rong and others from cutting the paddy which they had grown on the suit land. On 22-12-1954 the defendants filed an application for permission to cut and remove the paddy grown by themselves. The learned Subordinate Judge by an order dated 6-1-1956 permitted the defe








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