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2012 Supreme(Cal) 821

SOUMEN SEN
Ashyana Construction – Appellant
Versus
Md. Omar – Respondent


Advocates Appeared:
For the Petitioner: Mr. Aniruddha Chatterjee, Mr. Nilay Sengupta, Mr. Rwitendra Banerjee.
For the Opposite Parties: Mr. Buddhadeb Ghosal, Mr. Anwar Alam Khan.

JUDGMENT

1. The present revisional application is arising out of an order passed by the learned trial Judge in rejecting the application filed under Order 1 Rule 10(ii) of the Code of Civil Procedure in connection with an application filed under Order 21 Rule 99 read with Rule 101 of the Code of Civil Procedure. The petitioner claims to have entered into an agreement of tenancy with the Imambara & Trust Estate on 7th September, 1986 and since then the said petitioner-applicant is in possession of the entire suit premises through their respective leave and licence holders upon payment of regular rents to the landlord namely the trust estate of late Aga Karbalai Mahammad. In or about 3rd February, 2012 it is alleged that Md. Omar the applicant in misc. case attempted to enter the suit premises and demanded possession of one of the shop rooms on the basis of some court order which recognised his right as a tenant in respect of the shop room in the said premises. The applicant-petitioner became apprehensive and thereafter made an enquiry wherefrom the petitioner became aware of the misc. case being initiated by Md. Omar against the Imambara estate under Order 2 Rule 99 and 101 of the Co















































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