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1959 Supreme(Cal) 7

RENUPADA MUKHERJEE
Mihir Bose – Appellant
Versus
Jobeda Khatun – Respondent


Advocates appeared:
Amarendra Mohan Mitra, Arunendra Nath Basu, Kalipada Sinha, Susil Kumar Biswas.

JUDGMENT

1. THE principal question of law which arises for my determination in this appeal is whether some of the decree-holders dan adjust a decree for eviction by entering into a compromise with the judgment-debtor where a joint decree for eviction has been passed in favour of several decree-holders. It is an admitted fact that appellant Mihir Bose was a tenant under the seven respondents of this appeal in respect of certain premises bearing No. 10, Syed Ameer Ali Avenue, Calcutta. A suit for eviction was brought against the appellant jointly by the seven respondents, and the suit was decreed ex parte. The decree for possession which was passed in favour of the decree-holders was put to execution on behalf of all the decree-holders by their constituted attorney, one Sk. Abdur Rahaman. The execution petition was filed on 21st September, 1953. Several objections were filed on behalf of the judgment-debtor against the execution of the decree. I am not concerned with some of those objections. I am concerned with the objection which was filed by the judgment-debtor in miscellaneous judicial case No. 73 of 1954 That objection was to the effect that two of the decree-holders who are pro








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