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2006 Supreme(Cal) 439

PRANAB KUMAR DEB
AJOY KUMAR SADHU – Appellant
Versus
RINA SAHA – Respondent


Advocates Appeared:
CHANDRADOY RAY, JAKIR HOSSAIN, N.C.MATTY, S.K.Samanto, SABYASACHI BHATTACHARYA, Saktinath Mukherjee, Saptangshu Basu

P. K. DEB, J.

( 1 ) THIS instant revisional application has been directed against the Judgment and order dated 17th May, 2006 passed by the learned Additional District Judge, Fast Track Court-Ill, Sealdah in Misc. Appeal 34 of 2006 whereby the Judgment and order dated 20th March, 2006 passed by the learned Civil Judge (Junior Division), 2nd Court at sealdah in Title Suit No. 291 of 2005 was affirmed.

( 2 ) AS noted in the revisional application as well as the objection thereto, the father of the petitioner was inducted in the suit premises by the erstwhile landlady. The petitioner was accepted as a tenant in respect of the suit property after demise of his father. On the death of erstwhile landlady, Smt. Kamala Saha inherited the property as her sole legal heir. Subsequently, it devolved upon Jogeswari Saha who during her lifetime executed a power of attorney in favour of the plaintiffs, authorizing them to collect rents from her tenants. On the defendant approaching the plaintiffs for according permission to change his nature of business of a grocery shop to that of a retail medicine shop in the suit premises, the proposal so made by the petitioner/ defendant was accepted. The r








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