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2017 Supreme(Gau) 331

KALYAN RAI SURANA
SWAPAN DAS – Appellant
Versus
PRADIP KUMAR PAUL – Respondent


Advocates Appeared:
For the Petitioner:Mr. P.K. Roy, Mr. S.K. Chakraborty, Ms. A. Chakraborty, Ms. M. Dutta. Advocates
For the Respondent: Mrs. R. Choudhury, Mr. A.H.M.R. Choudhury

JUDGMENT AND ORDER :

Heard Mr. P.K. Roy, the learned Counsel for the petitioner and Mrs. R. Choudhury, the learned Counsel for the respondent No.4/caveator.

2. The challenge in the present application filed under Article 227 of the Constitution of India is the order dated 05.04.2017, passed by the learned Court of Civil Judge, Karimganj in Misc. Appeal No. 7/2017, thereby dismissing the said appeal filed against the order dated 28.03.2017, passed by the learned Court of Munsiff No.2, Karimganj, by which the prayer for an ad-interim injunction was rejected.

3. In short, the case by the learned counsel for the petitioner is that the petitioner was arrayed as Defendant No.1 in T.S. No. 170/2003, which was filed by the respondents No. 1 to 7 herein. The said suit, inter-alia, was for recovery of arrear rent and for ejection of the petitioner as well as one Narayan Choudhury from the suit premises on the ground that the petitioner herein had inducted the said Narayan Choudhury as a sub-tenant in the suit premises. The said suit was allowed by the learned Munsiff No.2, Karimganj vide judgment and decree dated 19.06.2006 and the petitioner herein together with the said Narayan Choudhury were



























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