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1975 Supreme(Cal) 183

SALIL KUMAR DATTA
RATHINDRA NATH BOSE – Appellant
Versus
JYOTI BIKASH GHOSH – Respondent


Advocates Appeared:
ASHOK KUMAR SENGUPTA, JOYANTA MITRA, NIGAM CHAKRAVARTY, Pradip Kumar Guha, PULAK RANJAN MONDAL, R.C.DE, SAMAR KR.DUTTA, SHYAMA CHARAN MITTER, SHYAMA PRASANNA ROY CHOUDHURY, SOHANLAL SARAF, SOMNATH CHATTERJI

SALIL KUMAR DATTA, J.

( 1 ) THIS Rule has been obtained against the order passed on appeal by the Additional District Judge, 1st Court, Alipore, dissolving the injunction granted by the trial court. The facts in short are as follows :

( 2 ) OPPOSITE parties Nos. 1 and 2, the landlords who purchased the suit premises in 1966, instituted Title Suit No. 137 of 1968 against opposite parties Nos. 7 and 8 for recovery of possession of premises No. 7-A, Nafar Kundu Road, Calcutta, P. S. Bhowanipore, which, it was alleged, the said opposite parties held as monthly tenants. The ground for eviction was the plaintiffs' reasonable requirement of the suit premises for own use and occupation. The suit was decreed on February 14, 1969. The cousins of the defendants filed Title Suit No. 73 of 1969 on February 26, 1969 for a declaration that they and the opposite parties Nos. 7 and 8 were joint tenants of the suit premises and also for permanent injunction restraining the landlords from proceeding with execution of the decree for possession. They also filed a petition for ad interim injunction, which was dismissed and was affirmed on appeal. The order was challenged by the said plaintiffs of T. S.














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