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2016 Supreme(Cal) 906

INDIRA BANERJEE, SAHIDULLAH MUNSHI
Lalit Kumar Bagla – Appellant
Versus
Rajiv Kumar Podder – Respondent


Advocates Appeared:
For the Appellants : Mr. Jayanta Mitra, Mr. Sukumar Bhattacharyya and Mr. Dipendra Nath Chunder.
For the Respondents: Mr. Anindya Mitra, Mr. Abhrajit Mitra, Mr. Satadeep Bhattacharjee and Mr. S.S. Bhutoria.

JUDGMENT :

Indira Banerjee, J.

1. This appeal is against a judgment and order dated 23rd September, 2015 passed by the learned Single Bench dismissing an application filed by M/s Patel Timber Industries, being G.A. No. 1034 of 2011 inter-alia for intervention in the execution proceedings being E.C. No. 90 of 2011 for execution of the eviction decree dated 11th August, 2011 in APD No. 455 of 2005, along with three other similar applications being G.A. Nos. 1035, 1036 and 1038 of 2011.

2. Patel Timber Industries, a registered partnership firm, carrying on business at Premises No. 149/13, J.N. Mukherjee Road, PS – Malipanchghora, PO – Salkia, District Howrah – 711106 claims to be a ‘thika tenant’ in respect of 14 cottahs and 10 chittaks of land at the said premises.

3. The said premises were owned by a Trust, under the control of the members of the Bagla family. It transpires that the trustees, hereinafter referred to as the Baglas, had leased out 7 bighas of land to the Poddars.

4. Patel Timber Industries claims that the Poddars sub-leased 14 cottah and 10 chittaks of land out of the said 7 bighas, to Patel Timber Industries and received rent from Patel Timber Industries, showing Patel Ti


























































































































































































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