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2002 Supreme(Cal) 305

PRATAP KUMAR RAY
DAMODAR NARYAN SINGH – Appellant
Versus
SARDAR HIRA SINGH – Respondent


Advocates Appeared:
BIJOY ADHIKARY, D.N.CHATTERJI, M.L.SARKAR, MITA BISVAS, R.K.DAS, Sujit Bhattacharya

P. K. RAY, J.

( 1 ) THIS application under section 115 of the Code of Civil Procedure has been filed by defendant son, as petitioner, challenging the order dated 31st March, 2002 passed by learned Judge, Fourth Bench of the Court of the small causes at Calcutta in SCC No. 113/96 whereby and whereunder with reference to the application under section 41 of the Presidencies Small Causes Courts Act, 1882, the defendant son was directed to vacate the suit premises and to deliver the possession of suit premises to the plaintiff, the father, within two months from date of the order upon decreeing the suit for khas possession of the suit premises on eviction of the defendant son therefrom in favour of the plaintiff father.

( 2 ) IN the application under section 41 of Presidency Small Causes Act, 1882 hereinafter refer to as the said Act, the plaintiff, which is the father of the defendant of the said application prayed for recovery of possession of suit room by eviction of the defendant son therefrom on the ground that the defendant son was a mere licensee in the suit premises and such license was revoked by the letter dated 13th April, 1996 through learned advocate. The defendant son fo












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