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1958 Supreme(Cal) 138

K.C.DAS GUPTA, DEBABRATA MOOKHERJEE
KALI CHARAN SHAW – Appellant
Versus
KISSEN LAL CHOUDHURY – Respondent


Advocates Appeared:
Anil Kumar Sen, Charu Chandra Ganguly, P.K.ROY, PRAFULLA KUMAR CHATTERJEE

K. C. DAS GUPTA, J.

( 1 ) AFTER the purchase of a property, at auction sale in execution of a decree in Money Suit No. 181 of 1953 by one Gangadin against one Mahabir, the Opposite Party Kissen Lal Choudhury instituted a suit for declaration of his title and confirmation of possession which, it was said, was obtained through court alter purchase at the auction sale. A prayer was made for a temporary injunction restraining the defendant Kali Charan Shaw from proceeding with three Small Causes Court suits which the latter had instituted on claims of rent for portions of the premises and from proceeding with the title appeal which was pending in the Appellate Court against a decree obtained by him against a tenant of another portion of the premises. For a proper understanding of the dispute, it is necessary to refer to the previous history of the litigation in connection with this premises. The money suit in execution of the decree in which Kissen Lal made his purchase was brought on 26-11-1953 and the property was attached before judgment. On the attachment being effected, the present petitioner Kali Charan Shaw put in a claim to the property, claiming to have purchased the property









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