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2010 Supreme(Cal) 522

JYOTIRMAY BHATTACHARYA
Autocade – Appellant
Versus
Ranjita Roy – Respondent


Advocates Appeared:
For the Petitioner:Aniruddha Chatterjee, Swarup Banerjee, Advocates.
For the Opposite:Bidyut Kr. Banerjee, Party. Mintu Kr. Goswami, Advocates.

JUDGMENT:

The judgment debtor/opposite party no.2 has obstructed the execution of an eviction decree passed by the learned Trial Judge on 31st March, 1993 which was affirmed upto the Hon’ble Supreme Court, by setting up the petitioner herein who filed an application under Order 21 Rule 97 read with Rule 101 of the Civil Procedure Code for protecting his possession in the suit property which he allegedly received from the judgment debtor in pursuance of a franchise agreement entered between the judgment debtor and the petitioner herein on 18th September, 2002. The petitioner also claimed that his right to remain in possession in the suit property arising out of the said franchise agreement was further strengthened by a subsequent letter allegedly written by the decree holder on 14th August, 2005 wherein she assured that she would accept the petitioner as a direct tenant as soon as the litigation with the direct tenant would be over. The rate of rent for such letting was mentioned in the said letter. Even the acceptance of a sum of rupees one lakh in cash as advance was mentioned in the said letter. It was alleged by the petitioner that the said letter was written by the decree holder















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