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1954 Supreme(Cal) 44

P.N.MUKHERJEE
UPENDRA NATH BEZ – Appellant
Versus
JITENDRA NATH PARUI – Respondent


Advocates Appeared:
HARIDAS CHATTERJEE, RANJIT KUMAR BANERJEE, Sachindra Chandra Das Gupta

P. N. MOOKERJEE, J.

( 1 ) THIS appeal is directed against a concurrent decree in a suit primarily and in substance, fur declaration of title and, in the alternative, for redemption. The actual prayers in the plaint were for a declaration that the auction purchase of the suit property by defendant No. 1 in Title Execution Case No. 147 of 1943 of the 3rd Court of the Munsif at Howrah was not binding and operative against the plaintiff and as such the same did not affect his title and possession in the suit property, and in the alternative, for redemption of the said property. The prayers in effect meant, as I have already stated, a prayer for declaration of the plaintiff's title to the suit property and, in the alternative, for its redemption. The suit has been decreed on the primary relief granting the plaintiff an unqualified declaration of his title to the suit property. Hence this appeal by the contesting defendant.

( 2 ) A mass of events lies behind this litigation which, shorn of unnecessary details, may he stated as follows : One Bhusan Kumari Dassi was the owner of two holdings Nos. 50 and 56/1 Ananda Prosad Banerjee Lane, Bantra, within the Howrah Municipality. Holding No.







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