Back
PARTHA SARATHI CHATTERJEE
Deb Narayan Basu – Appellant
Versus
Sankari Sett – Respondent
JUDGMENT
In the present case, the landlord, who inducted a tenant, namely, Mahitosh Bose way back in 1952, instituted a suit for eviction vide. Title Suit No. 892 of 1969 in 1969. In his effort to evict the tenant, he obtained a decree in his favour in 1981 and the judgment and decree passed in Title Suit no. 892 of 1969 was challenged in an appeal, F.A. No. 142 of 1982; however, the appeal was dismissed by a Hon’ble Division Bench of this Court.
2. Thereafter, the landlord/ decree-holder put the decree in execution in 1987. The execution application was registered as Ejectment Execution Case No. 293 of 1987.
3. Suddenly, in 1989, one Sudhir Kumar Bose, claiming himself to be the cousin of the original tenant, instituted a suit vide Title Suit No. 442 of 1989, seeking a declaration that the judgment and decree passed in the ejectment suit on 19.12.1981 is not binding upon him, as he was a pre-Act sub-tenant under Mahitosh Bose. Additionally, he prayed for a decree of permanent injunction restraining the landlord/decree holder from executing the decree passed in Title Suit No. 892 of 1969. In the schedule appended to the plaint of Title Suit No. 442 of 1989, only one room on the firs
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
