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1975 Supreme(Cal) 245

SALIL KUMAR DATTA
BIMAL KUMAR GAYEN – Appellant
Versus
AMIYA GOPAL MONDAL – Respondent


Advocates Appeared:
ABJA KISHORE CHATTERJI, Amar Nath Roy Choudhury, PADMABINDU CHATTERJI, SHYAMA CHARAN MITTER

SALIL KUMAR DATTA, J.

( 1 ) THE only point in this appeal is whether the decree is executable.

( 2 ) THE plaintiff judgment-debtor filed the Title Suit, being Title Suit No. 231 of 1956, praying for permanent injunction restraining the defendants from dispossessing him from the disputed tank or otherwise interfering with his possession and enjoyment thereof. This suit was decreed on a solenama entered into by and between the plaintiff and the contesting defendant No. 1. The material provisions of the solenama broadly are as follows :" (a) The plaintiff admits the disputed tank to be the khas property of defendant No. 1. (b) The defendant No. 1 grants lease of the disputed tank to the plaintiff for a period of seven years at an annual rent of Rs. 750/ -. (c) On the expiration of Chaitra, 1369 B. S. the plaintiff will vacate the disputed tank and make over peaceful possession thereof to the defendant No. 1 and in default the defendant No. 1 will be entitled to recovery of possession of the said tank in execution of the decree. (d) If the defendant No. 1 fails to use the tank for his own exclusive business purpose (rearing fish spawns), then the plaintiff will be entitled to further








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