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1953 Supreme(Cal) 41

G.N.DAS, DEBABRATA MOOKHERJEE
Saralabala Devi – Appellant
Versus
Shyam Prosad Chatterjee – Respondent


Advocates:
Chandra Nath Mukherjee, for Appellant; Shyama Charan Mitter, for Respondents.

Judgement

G. N. DAS, J.:- This is an appeal by the decree-holder and is directed against an order of Sri R.R. Biswas, learned Subordinate Judge, Nadia, dated 1-9-1950.

2. The facts are not in controversy and may be briefly stated as follows:

In 1935 the appellant instituted a suit for partition of certain joint lands against the respondents who are her co-sharers. The suit was registered as Title Suit No.11 of 1935 of the Court of the Subordinate Judge, Nadia. The suit ended in a compromise decree on 30-11-1936. The substance of the terms of the compromise was that the appellant gave a lease of her undivided share in the property in suit in favour of the respondents at a monthly rent of Rs.100/-.

3. The rents so reserved not having been paid by the respondents, the appellant instituted a suit for recovery of rent being Rent Suit No.4 of 1946. The Rent Suit was instituted in the Court of the Subordinate Judge, Nadia. The suit was decreed on 23-11-1948. On 13-7-1949 the appellant filed an application for transfer of the decree passed in Rent Suit No.4 of 1946 of the Subordinate Judges Court at Nadia to the Subordinate Judge, Alipore, through the District Judge, Alipore. The application f





















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