Madan Chandra Paul vs Malina Mondal - 2023 Supreme(Cal) 1565

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Cal) 1565

SHAMPA SARKAR
Madan Chandra Paul – Appellant
Versus
Malina Mondal – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. Shambhunath Ray, Ms. Amrita Tewari, Ms. Sonia Das, Ms. Tuhina Parvin
For the Respondent: Ms. Somoshree Saha

JUDGMENT :

Shampa Sarkar, J. - The revisional application has been filed against an order dated April 8, 2022 passed by learned Civil Judge (Junior Division), 5th Court, Alipore, South 24 Parganas in Misc. Case No.83 of 2017 arising out of Title Execution Case No.5 of 2004. The Misc. Case No.83 of 2017 is an application under section 47 of the Code of Civil Procedure.

2. The petitioner contended that the decree could not be executed and the Title Execution Case No.5 of 2004 should be dismissed on the ground that deed of gift dated September 5, 1986 executed by the father of the plaintiff and the defendant, had not been acted upon. The fact that the defendant was allowed to continue to reside in the premises as a licensee was also not correct. In the plaint, the date of grant of such leave and licence in favour of the defendant, by the plaintiff, had not been mentioned. The fact that other persons were also residing in such premises had not been disclosed. The evidence of PW1 was not enough for passing a decree in the suit for recovery of khas possession upon eviction of a licensee. As both the plaintiff and the defendant were heirs of Late Satish Chandra Paul, the relationship betwee