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2023 Supreme(Cal) 127

AJOY KUMAR MUKHERJEE
Niyaz Ahmed Siddique – Appellant
Versus
Sanganeria Company Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Aniruddha Chatterjee, Mr. Rishav Karnani, Mr. Pranav Sharma, Mr. Mainak Bose, Mr. Supratim Laha
For the Respondent: Mr. Mainak Bose, Mr. Supratim Laha, Mr. Kishore Dutta, Sr. Adv., Mr. Prabal Kr. Mukherjee, Mr. Sumit Dutta, Mr. Rajat Dutta : Mr. Sanjay Jhunjhunwala

JUDGMENT :

Ajoy Kumar Mukherjee, J.

1. The present two applications under Article 227 of the Constitution of India are directed against the same order dated 22nd July 2019 passed by the learned Civil Judge (Senior Division), 2nd Courts, Howrah in Title Suit no. 1 of 2011. Aggrieved by that order Uma Shankar Singh Defendant No. 7/ purchaser preferred C.O. No. 4388 of 2019 and Niyaz Ahmed Siuddique defendant No.3/ owner preferred C.O. 3906 of 2019. Since issue involved in both the aforesaid two applications are same, both the applications are hereby disposed of by this common order.

2. Petitioners of said two applications contended that the opposite party no 1 herein as plaintiff instituted aforesaid Title Suit no. 1 of 2011 before Learned Civil Judge (Senior Division) 2nd court, Howrah interalia praying for specific performance of agreement for sale dated 1st November, 2010. In the plaint, plaintiff /opposite party no.1herein contended that he is in possession of land measuring more or less 7 Bigha 11 Kathas as a tenant since 1955. Further case of the plaintiff is that defendant no. 1 to 6 of that suit agreed to sale the said suit premises to the plaintiff at a consideration of Rs. 2,7

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