Quinn vs Keshab Chandra Mukherjee - 1949 Supreme(Cal) 465

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1949 Supreme(Cal) 465

SEN
Quinn – Appellant
Versus
Keshab Chandra Mukherjee – Respondent

ORDER

Sen, J. - In my opinion, this rule should be discharged. The facts giving rise to this rule briefly are as follows: One Hedayet Ali instituted a suit for ejectment in this Hon'bla Court and obtained an ex parie decree. The suit was instituted against the lessee. When the decree was being executed by the Sheriff, the subtenants' of the lessee refused to vacate and protested against the Sheriff's attempt to remove them

Thereupon the party seeking to execute the decree went away. On the next date, some of the sub-tenants o the lessee filed an application before Majumdar J. praying that Hedayet Ali and his servants or agents should be restrained by an injunction from executing the said decree. The learned Judge passed an order granting an interim injunction in terms of this prayer and there was a further observation that the Sheriff was to act on counsel's endorsement. The application was made returnable on the next Monday. The complainant's case is that this interim injunction was showed to Hedayet Ali and to the Sheriff's officer but that in spite of this the Sheriff's officer Quinn proceeded to eject the tenants from the premises and to remove their furniture therefrom. Upon thi

Click Here to Read the rest of this document