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1978 Supreme(Cal) 544

MONJULA BOSE
MONOMOHAN SAHA – Appellant
Versus
USHARANI GHOSH – Respondent


MONJULA BOSE, J.

( 1 ) THIS suit filed at the instance of a transferee purchaser of an undivided half share in premises No. 23, Krishna Ram Bose Street, Calcutta is for possession and alternatively for partition of the suit premises. In the plaint it is inter alia alleged that by a conveyance dated Aug. 1, 1963, the plaintiff purchased the half share of one Narayan Krishna Ghosh in the suit premises. It is alleged that the said Narayan Krishna Ghose, delivered possession of the portion in his occupation to the plaintiff and the plaintiff let out the same to the said Narayan Krishna Ghose at a rent of Rs. 50/- per month. Inasmuch as the said Narayan Krishna Ghose failed and neglected to pay rent, a suit was caused to be instituted against him and the plaintiff recovered possession from him in execution of the decree for possession in his favour. It is alleged that thereafter the defendants caused obstruction and interference with the plaintiff's use and enjoyment of the property and in or about Aug. 1969, dispossessed the plaintiff therefrom.

( 2 ) REALISING difficulties in the way of a prayer for possession by a stranger purchaser, learned Advocate for the plaintiff has mainly ur


















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