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2011 Supreme(Cal) 1123

PRASENJIT MANDAL
Bhusan Kumar Das – Appellant
Versus
Sanjay Kumar Dutta – Respondent


Advocates Appeared:
For the Petitioner:Mr. Ashit Baran Routh, Mr. Tuhin Subhra Routh, Advocates.
For the Respondent:Mr. Bidyut Kumar Banerjee, Mr. Kajal Roy, Advocates.

Judgment :-

Prasenjit Mandal, J.

Challenge is to the Order dated March 1, 2011 passed by the learned District Judge, Hooghly in Civil Revision No.69 of 2010 thereby dismissing a revisional application being Civil Revision No.69 of 2010 arising out of the Order No.45 dated July 27, 2010 passed by the learned Civil Judge (Junior Division), Additional Court, Chandannagore in Misc. Case No.4 of 2010 arising out of Title Execution Case No.7 of 2007.

The short fact is that the petitioner is the judgment debtor of the above mentioned execution case. The predecessor-ininterest of decree-holder / opposite party herein filed a suit being Title Suit No.9 of 1995 before the learned Civil Judge (Junior Division), 1st Court, Chandannagore against the petitioner for recovery of possession of the premises in suit by evicting a licensee. The petitioner also filed a title suit being Title Suit No.180 of 1994 against the opposite party herein before the learned Civil Judge (Junior Division), 1st Court, Chandannagore for declaration of his tenancy right over the selfsame premises in suit. The two suits were subsequently renumbered and tried together. The matter went up to the Hon’ble High Court, that

















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