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2023 Supreme(Gau) 627

ARUN DEV CHOUDHURY
Debabrata Saha, S/o Late Suresh Chandra Saha – Appellant
Versus
Nibedita Das – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR. B C DAS
For the Respondent: MR. S.P. CHOUDHURY

JUDGMENT :

1. Heard Mr. BC Das, learned Senior counsel assisted by Ms. S Roy, learned counsel for the appellant. Also heard Mr. SP Choudhury, learned counsel for the caveator. Caveat stands discharged.

2. The present appeal is preferred under Section 100 of the Code of Civil Procedure’1908 assailing an order dated 24.02.2023 passed by the learned Civil Judge, Karimganj in Misc. Appeal No. 01/2022 whereby the order dated 07.01.2021 passed by the learned Munsiff No. 1, Karimganj dismissing Misc Case No. 215/2022, was affirmed.

3. The present appellant as petitioner preferred a petition under Order 21 Rule 97, 99 and 101 of the Code of Civil Procedure in Title Execution No. 06/2006 claiming right, title and interest and possession over the decreetal property decreed in TS No. 332/1992.

4. TS No. 332/1992 was filed by the predecessor-in-interest of the respondent Nos. 1 and 2 against the respondent Nos. 3, 4, 5, 6 and 7 claiming that predecessor-in-interest of the respondent Nos. 3 to 7 were tenant under the plaintiff over a suit house and a prayer for eviction was made.

5. The defendants denied the tenancy under the plaintiff and claimed that he has purchased the suit premises by a registe

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