Rina Mukherjee vs Sanat Chandra Datta

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Cal) 341

BISWAROOP CHOWDHURY
Rina Mukherjee – Appellant
Versus
Sanat Chandra Datta – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. Animesh Paul, Adv. Ms. H. Rajdev, Adv.

JUDGMENT :

Biswaroop Chowdhury, J.

1. The petitioners before this Court are the plaintiffs/Landlords in a suit for eviction and appellants in the appeal being Title Appeal No. 84 of 2013 and respondents in Title Appeal No. 85 of 2013 pending before Learned Civil Judge (Senior Division) 2nd Court Howrah both being heard analogously arising out of decree passed in T.S. No – 219/2004 passed by Learned 1st Court of Civil Judge (Junior Division) at Howrah. The petitioners being aggrieved by the Order dated 27-07-2022 passed by the Learned Appellate Court in rejecting the application under Order VI Rule 17 CPC have come up before this Court with the instant application.

2. The case of the petitioners before the Learned Appellate Court may be summed up thus:

1. The appellants as plaintiffs herein have filed, a suit for eviction and recovery of Khas possession against the defendants/respondents which was numbered as Title suit No – 219 of 2004 before the Learned First Civil Judge, ( Junior Division) at Howrah. Upon contested hearing the Learned Trial Court vide its order dated 29th April 2013 was pleased to pass decree of partial eviction. Being aggrieved and dissatisfied with the said decree,