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2015 Supreme(Cal) 673

HARISH TANDON
Biswajit Samanta – Appellant
Versus
Dhakuria Service Centre – Respondent


Advocates Appeared:
For the Petitioners: Mr. Sabyasachi Bhattacharya, Mr. Arijit Bardhan and Mr. Ashish Shah.
For the Opposite Parties : Mr. S.P. Mukherjee, Mr. Debanjan Mukherjee, Mr. Ambar Majumdar and Mr. Puspendu Chakraborty.

JUDGMENT :

Harish Tandon, J.

1. The supplementary affidavit filed in Court today is taken on record.

2. It reminds me the well-known dictum of the Privy Council "the real trouble starts after the decree is obtained", which received the legal recognition from the Hon'ble Supreme Court, who approved and applied the said dictum.

3. This is one of the apparent examples of such dictum where a dealer of the Hindustan Petroleum Corporation Limited has approached the Executing Court for adjudication of his right, title and interest as Bharatia with further prayer that the decree obtained against the so-called thika tenant, that is Hindustan Petroleum Corporation Limited, is not binding.

4. Admittedly, a suit for recovery of possession was instituted way back in the year 1975 on the ground that the period provided in the lease deed has expired by efflux of time. It is a matter of record that the Hindustan Petroleum Corporation Limited was the defendant in the said suit and obviously contested the same with a defence available to it.

5. The record would reveal that the primary defence taken in the written statement was that they continued in possession under a renewal clause after exercising an op








































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