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1978 Supreme(Cal) 217

MONJULA BOSE
GHULAM MOHIUDDIN – Appellant
Versus
OFFICIAL ASSIGNEE – Respondent


Advocates Appeared:
J.MITRA, T.P.DAS

MONJULA BOSE, J.

( 1 ) THE claim in this suit is for respective declarations that the lease dated June 23, 1964, the agreement of tenancy dated May 1, 1964 and the tenancy referred to in para 20 (c) of the plaint are null and void, inoperative and not binding on the plaintiffs. The admitted facts are inter alia that in Sept. 1962, the plaintiffs Nos. 1 and 2 alone with one Golam Rasul (since deceased) jointly purchased premises No. 2 Chingrihat'. a Lane, Calcutta at an auction sale bv the Official Assignee, the defendant No. 1, held in execution of a mortgage decree passed against the then owner one Khaja Shamsuddin. The plaintiffs Nos. 3 and 4 are the heirs and legal representatives of the deceased Golam Rasul one of the joint purchasers. Subsequent to the said purchase certain facts came to light, namely that in a suit for dower being suit No. 1172 of 1958 filed by one Jamela Begum the defendant No. 2, the said Shamsuddin allowed an ex parte decree to be suffered against himself and in execution of the said decree, the said premises was caused to be attached and purchased by the decree-holder, the defendant No. 2 abovenamed. On May 10, 1963, the plaintiffs Nos. 1 and 2 and the s




















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