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2002 Supreme(Cal) 9

NARAYAN CHANDRA SIL
MD. IDRIS, MD. IDRIS ALI – Appellant
Versus
ANIL KUMAR DE – Respondent


Advocates Appeared:
Amit Kumar Ghosh, ANIRUDDHA CHATTERJEE, JYOTIRMOY BHATTACHARYA, P.Chaturvedi, RAFIQUAL ISLAM, RITA SINHA

NARAYAN CHANDRA SIL, J.

( 1 ) THE present appeal has been directed against the judgment of the appellate court dated 21-4-1993 passed, by Sir A. K. Banerjee, learned Additional District Judge, 2nd Court, Suri, birbhum in connection with Title Appeal No. 86 of 1991 whereby he was pleased to dismiss the appeal on contest and confirm the judgment of decree dated 25-4-1991 passed by Sri Surjendu biswas, learned Munsif, Birbhum in connection with Title Suit No. 147 of 1986.

( 2 ) IT is stated in the memo of appeal that the learned Additional District Judge erred in law in not holding that the notice was bad in law as the father of the plaintiff was the original tenant of the suit property and after his death the other sons and daughters also inherited the tenancy, but the plaintiff did not serve the notice of ejectment on all the co-tenants by inheritance. It is also taken in the memo of appeal that the courts below erred in law in not holding that the notice of ejectrnent was not duly served upon the defendant. It is also stated that the courts below erred in holding that the requirement of the suit house by the plaintiff was bona fide and genuine. It is again stated that the courts





















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