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2023 Supreme(Gau) 556

ARUN DEV CHOUDHURY
Mustt. Muminara Begum Laskar W/o Late Nasir Uddin Laskar – Appellant
Versus
Mustt. Ferdousiara Ahmed Laskar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR. T SK
For the Respondent: MS F AHMED

JUDGMENT :

1. Heard Mr. I.Alam, learned counsel for the petitioner. Also heard Mr. S. K. Ghosh, learned counsel for the respondent Nos. 1 and 2. None appears for respondent no.3.

2. The present revision petition is filed assailing the judgment and order dated 9.2.2022 passed in Misc. Appeal No. 4/2020 by learned Civil Judge, No. 1 Cachar, Silchar arising out of Misc(J) Case No. 156/2006 in Execution Case No. 21/2006.

3. The brief facts leading to this litigation.

    (a) One Nasiruddin Laskar, predecessor-in-interest of the present petitioner and respondent no.3 was a tenant under Rahima Khatun Laskar, the predecessor-in-interest of the respondent No. 1 and 2.

The respondent No. 1 and 2 filed a suit being Title Suit No. 13/2004 for a decree of eviction and for recovery of arrears of rent against the respondent No.3. The said suit was decreed on 21.7.2005 by the learned trial court. Against the aforesaid decree, the respondent No. 3 preferred an appeal which was registered as Title Appeal No. 49/2005. The said appeal was also dismissed by the learned appellate court by its judgment dated 18.5.2006.

(b) Thereafter, the decree was put into execution and accordingly, the Execution Case No. 21/20

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