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1993 Supreme(Cal) 438

R.Bhattacharyya
Bithi Chakraborty – Appellant
Versus
Indira Chatterjee – Respondent


Advocates:
Advocate Appeared:
Bidyut Banerji, Sadananda Ganguly, Sila Sarkar.

JUDGMENT

1. THIS Revisional Application is directed against Order No. 41 dated 8. 8. 1985, passed by the 1st Court of Munsiff, Sealdah, in Title Suit No. 94 of. 1981, allowing the amendment of the written Statement.

2. TO embark on an enquiry, about the fate of the rival claims, a brief synopsis of the fact, in my view is essential.

The suit is a chronic dispute between the Landlord and the Tenant where the petitioner sought for eviction of the opposite party who succeeded to the tenancy after the demise of Girija Bhusan Chatterjee who was a monthly tenant of a portion of Premises No. 53a, Charak Danga Road, P. S. Belliaghata subject to payment of Rs. 50/- as rent per month payable according to English calendar.

3. DURING the currency of the suit the opposite parties 12 and 13 sold their right, title and interest in respect of the property. But an application preferred by the petitioner under Order 22 Rule 10, however, succeeded. The opposite party, thereafter, put in a written Statement which was very much laconic in its approach but for elucidation of their claim in order to resist the onslaught of the allegations of the petitioner, another written Statement was put in which the



















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