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2022 Supreme(Cal) 1431

ANIRUDDHA ROY, I. P. MUKERJI
Jyoti Biswas – Appellant
Versus
Raj Kumar Ghosh – Respondent


Advocates Appeared:
For the Appellants : Mr. Arindam Banerjee, Mr. Ashis Kumar Mukherjee, Ms. Arpita Saha, Mr. S. Prasad, Mr. Jishnu Choudhury, Ms. Noelle Banerjee, Mr. Sidhartha Sharma, Ms. Shalini Basu, Ms.Yahya Mosharaf Hussain.
For the Respondent: Mr. Rohit Das, Mr. Aniruddha Bhattacharyya, Mr. Niladri Khanra, Ms. Kishwar Rahman.

JUDGMENT :

Aniruddha Roy, J.

1. This cluster of appeals arose from a common judgment and order dated August 16, 2018 passed in Execution Case No. 146 of 2017 whereby and whereunder the occupiers of an immovable property were directed to be dispossessed. The said cluster of appeals involve same and common question of law for consideration before this Appellate Court and hence, by consent of the parties, the appeals are taken up together, heard and are being disposed of by this common judgment and order.

The Appeal:

2. The appellants are occupiers of various portions of premises no. 2 Jawaharlal Nehru Road, Kolkata-700013 previously known as Chowringhee Road (for short, the suit property) and are the obstructionists resisting an eviction decree dated May 03, 2017, which was a compromise decree for eviction passed in suit no. 524 of 1984 (Raj Kumar Ghosh & Anr. vs. Jayashree Ghose & Ors.) (for short, the second suit). The appellants/obstructionists claimed to be the sub tenants under the predecessors of the first and the second defendants in the Bando’s suit and are still in settled possession and occupation of various portions of the said property. The appellants came to know about the s

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