( 1 ) THIS is an application for staying the operation and implementation of the order dated 26th August, 1997 passed by the learned 4th Assistant District Judge at Alipore in Title Suit No. 81 of 1997 (Kamalesh Chandra Roy and Others, Plaintiffs v. Fosie Chang Chen and Others, Defendants ). The brief facts leading to the filing of the appeal and the present application for stay accompanying the said appeal are that the respondents filed a suit before the Court below contending, inter alia, that, apart from 10 cottahs of land originally leased out to the respondents vide a written lease deed executed in 1986, the other piece measuring 20 cottahs of land, both forming pat of a single larger piece of land measuring in total 30 cottaks, was also leased out to the respondents by the plaintiffs through an oral agreement. The respondents' case before the court below was that even though the 10 cottahs of land, being a part of the whole 30 cottahs of land was earlier leased out to the respondents by the plaintiffs in 1986 through a written lease deed, the other piece measuring 20 cottahs was later on leased out by the force of an oral agreement between the parties entered into sometime in

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