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1949 Supreme(Cal) 104

P.B.MUKHARJI
Gour Mohan Roy – Appellant
Versus
Sailendra Nath Saha Chowdhary – Respondent


Advocates:
A.K. Hazra - for Plaintiffs.
Asoke K. Sen and S. Roy - for Defendant.

JUDGMENT :- The plaintiffs in this suit claim to be sub-tenants in respect of certain portions of the premises in suit. Defendant 1 is the superior landlord and defendants 2 and 3 are alleged to be the tenants of such superior landlord.

2. This is a suit by the plaintiffs for a declaration that the order for possession of the Small Causes Court, Calcutta, dated 2nd March 1948, passed against defendants 2 and 3 Bhupea Chandra Ghose and Lalan Chandra Ghose [hereinafter referred to as the Ghose defendants]) does not bind the plaintiffs and for a declaration that the plaintiffs are the sub-tenants of the premises in suit entitled to reside therein until the lawful termination of their sub-tenancy and for injunction restraining defendant 1 Sailendra Nath Baba Chaudhury [hereinafter referred to as the landlord defendant] from executing the Small Causes Court decree or order for possession against the plaintiffs.

3. The case of the plaintiffs is that they are and have been the sub-tenants of the Ghose defendants. The landlord defendant Sailen is the owner of the premises in suit under whom the Ghose defendants were the tenants. A notice to quit was given by the Ghose defendants to the plai






















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