A.K.SEN, B.C.CHAKRABARTI
A. S. MALLICK – Appellant
Versus
BOARD OF TRUSTEES FOR THE PORT OF CALCUTTA – Respondent
( 1 ) THESE are the two re-visional applications arising out of one and the same execution case being Title Execution Case No. 1 of 1978 of the 6th Court of the learned Subordinate Judge at Alipore which have been heard on "contest analogously. The petitioners are the objectors whose objections under Section 47 of the Code of Civil Procedure had been dismissed. To appreciate the real issue involved in the dispute between the parties it would be necessary to refer to certain facts which may shortly be set out as follows: engineers Syndicate (India) Private Limited took lease of a plot of land situated on the northern side of Taratala Road, P. S. Garden Reach, District, 24 Parganas (hereinafter referred to as the suit land) from the admitted owners thereof, namely, the Commissioners for the Port of Calcutta (since re-designated as Board of Trutees for the Port of Calcutta ). Engineers Syndicate defaulted in payment of rent and the Trustees for the Port of Calcutta instituted Title Suit No. 35 of 1970 claiming recovery of possession by evicting the lessee and for arrears of rent. That suit was decreed on July 6, 1972. On October 11, 1972, Engineers Syndicate by a regi
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