P. B. MUKHAKJI, J.

( 1 ) THIS is an appeal from the judgment of the learned trial Judge dismissing the plaintiff's suit with costs.

( 2 ) THE suit was instituted by the plaintiff on the 17th February, 1950, for the delivery of possession of a shop room in premises No. 46/a, Netaji Subhas Road, Calcutta, and for seeking other incidental reliefs. The plaintiff's case was that he was carrying on business as a dealer in paints and varnish at the said shop room as a monthly tenant paying rent at the rate of Rs. 144-6 per month under the name and style of D. Mullick and Company. He was indebted to a person called Gopal Lal Daga who instituted a suit being Suit No. 610 of IMS against the present plaintiff under Order 37, Civil P. C. , for the sum of Rs. 3735-9-9 on certain hundis. That suit was decreed with costs on 7-5-1948. The decree-holder Daga of that case started execution proceedings and in course of such execution proceedings the furniture, stock-in-trade and goodwill of the business of D. Mullick and Company of the plaintiff were sold as a going concern and were purchased by the defendant Ganesh Das Damani on 19-2-1949 for the sum of Rs. 8,100. The sale was held by the Sheriff.

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