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1999 Supreme(Cal) 561

DEBI PRASAD SARKAR
Beni Madhab Kasera alias Beni Prasad Kasera – Appellant
Versus
. – Respondent


Advocates appeared:
Mr. S.P. Roy Chowdhury & Subrata Bose for the Petitioner.

JUDGMENT

1. This application under Section 115 of the Code of Civil Procedure is directed against the order no. 16 dated 17.5.99 passed by the learned District Judge, Howrah in Misc. Case No. 25 of 1998. It appears that almost on the same ground the petitioner came before this Court against order no. 11 dated 3.12.98 passed by the trial Court. By the order dated 9.3.96 this Court made some observations and remanded the matter to the trial Court for re-consideration of the petition pending before that Court in the light of the terms of the trust deed as well as the deed of agreement and also the provision of the Indian Trust Act without being prejudiced by any expression contained in the said order. The learned trial Judge thereafter by his impugned order dated 17.5.99 refused the prayer for permission on the ground that the petitioner in effect was going to transfer the Debuttar property permanently by way of lease and on the second ground that the consideration amount of Rs. 2 lakhs for 30 Cottahs of land in Belur was far below the market price and on the third ground that the petitioner-Shebait wanted to transfer the said property keeping flats for his personal use, which was not





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