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2010 Supreme(Gau) 498

UTPALENDU BIKAS SAHA
Somnath Banerjee – Appellant
Versus
Arati Rani Chakraborty – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: G.P. Bhowmik, Adv.

ORDER

U.B. Saha, J.

1. The instant revision petition is filed by the Petitioner under Article 227 of the Constitution of India challenging the order dated 17-5-2010 passed by the learned Munsiff No. 1, Tinsukia in Misc. (J) 20 of 2010 arising out of Title Suit No. 23 of 2010 allowing the Plaintiff, the Respondent No. 1 herein, to insert the names of all legal heirs of the original tenant of the suit premises as Defendants at the argument stage.

2. Heard Mr. G.P. Bhowmik, learned Counsel for the Petitioner. None appears for the Respondents.

3. The brief facts of the case are as follows:

The Plaintiff, Respondent No. 1 herein, filed the Title Suit No. 23 of 2005 for ejectment of the Defendant No. 2, the Petitioner herein, as well as M/s. Emporium, a partnership firm, the Defendant No. 1, the Respondent No. 2 herein, stating, inter alia, in her plaint that on 2-1-1996, out of the houses situated over the Schedule-A property, a part thereof consisting of two rooms, a bath room, latrine and a tube well, has been rented out to one Sri Haranath Banerjee (since deceased), the father of the Defendant No. 2, by an oral agreement entered into on 2-1-1996, fixing the monthly rent @ Rs.600/-per mont


























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