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1977 Supreme(Cal) 243

MONJULA BOSE
GHULAM MOHIUDDIN – Appellant
Versus
OFFICIAL ASSIGNEE, CALCUTTA – Respondent


Advocates Appeared:
B.K.CHATTERJI, Jayanta Mitra, PUSHPA CHOWCHARIA, S.SINHA, T.P.DAS

MONJULA BOSE, J.

( 1 ) THIS is an application for amendment of the plaint which has been instituted on May 28. 1971 inter alia for a declaration that the purported lease dated June 23, 1964 referred to in paragraph 20 (a) of the plaint, the purported agreement of tenancy dated May 1, 1964, referred to in paragraph 20 (b) of the plaint, and the purported tenancy referred to in paragraph 20 (c) of the plaint are null and void, inoperative and not binding on the plaintiffs. Alternatively, a declaration that the sale of the premises No. 2, Chingrihatta Lane, Calcutta by the defendant 1 to the plaintiffs Nos. 1 and 2 and one Golam Rasul since deceased is null and void and for other reliefs The petitioner's case in the plaint in short is that they are absolute owners of premises No. 2, Chingrihatta Lane. Calcutta, which premises was the subject-matter of various proceedings and purchased by the plaintiffs Nos. 1 and 2 and one Golam Rasul (since deceased) in execution proceedings at an auction sale held by the defendant No. 1.

( 2 ) THE petitioners' further case is that after purchase of the said property the plaintiffs Nos. 1 and 2 and the said Golam Rasul came to know of certain proce








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