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2003 Supreme(Cal) 309

MAHEMMAD HABEEB SHAMS ANSARI, ASIT KUMAR BISI
PARAMITA DAS – Appellant
Versus
PRANATI SARKAR – Respondent


Advocates Appeared:
JAYANTA DUTTA, S.SANYAL, SUDISH CHANDRA DAS GUPTA

M. H. S. ANSARI, ASIT KUMAR BISI

( 1 ) PETITIONER/defendant No. 4 has filed the instant application for review of the judgment and order passed by this court on 27-3-2000 in F. A. No. 395 of 1984 arising out of Title Suit No. 20 of 1971 of the Fifth Court of the learned Subordinate judge, Alipore, South 24- Parganas.

( 2 ) THE facts leading to the instant application for review may briefly be narrated thus. An appeal being F. A. No. 395 of 1984 was preferred by the appellants against the judgment and decree dated 9-3-83 passed by the learned Subordinate Judge, 5th court, Alipore in a final decree proceeding in Title Suit No. 20 of 1971. The original defendant No. 2 was the appellant on whose demise his heirs have been substituted in his place. Premises No. 63 is a dwelling house and a part of the said premises had been allotted to the appellant. There is ony one stair case which had been allotted to defendant No. 4. It was submitted by the learned Advocate for the Appellant in the course of hearing of the appeal that as some rooms in the first floor had been allotted in favour of his client, the stair case ought to have been kept joint and in support of the said contention relianc









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