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1995 Supreme(Cal) 28

BIJITENDRA MOHAN MITRA
GOPI KRISHNA MAJI – Appellant
Versus
JUDHISTIR DEY – Respondent


Advocates Appeared:
A.DAS, ASOKE BANERJI, D.N.MUKHERJI, JHUMUR CHAKRAVARTY, P.L.TEWARI, SUSANTA KUMAR MUKHERJEE

B. M. MITRA, J.

( 1 ) THE present revisional application is directed against Order No. 17 dated 9. 12. 94 passed by the learned 2nd Judge, City Civil Court at Calcutta in Title Execution Case No. 55 of 1994. In the connected execution proceeding, an application for police help was filed under the caption of Section 151 of the Code of Civil Procedure. The decree holder filed the said petition stating, inter alia, therein that he got a decree for recovery of possession of the suit premises. On 9. 11. 94 a bailiff of the Court accompanied by the decree holder went to the suit premises but the bailiff could not deliver possession due to the resistance given by the judgment debtor, his son Gopi Krishna Maji and the daughter-in-law Sm. Shikha Maji. The petitioner-decree holder has asserted that he is entitled to get the decree executed and to recover possession of the suit premises through police help. The learned Judge in the Trial Court by making a reference to a decision reported in 92 Calwn 507 and another decision reported in All India Rent Control Journal, Vol. II, 1984 at page 212 has proceeded on the footing that an Executing Court can grant police help to the decree holder unde




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