ATISH GHOSH Vs. JANASEVAK TRUST.
HIGH COURT OF CALCUTTA
Click here to view full judgement.
BISWAJIT BASU,J -
(1.)These three revisional applications under Article 227 of the Constitution of India are arising out of the self-same execution case between the same parties, as such, are taken up together for hearing and disposal.
(2.)The opposite party no. 1 in all the revisional applications filed a suit being Title Suit No. 110 of 2006 for eviction of the opposite party nos. 2 and 3 from the suit property, for decree of mesne profit and for decree of accounts. The opposite party no. 1 during the pendency of the said suit executed a deed of lease on April 18, 2008 for a period of 14 years in respect of the suit property in favour of the petitioners.
(3.)The said suit was decreed on February 18, 2009 and the said decree when was put into execution gave rise to the Title Execution Case No. 25 of 2009 out of which the present revisional applications arise. The petitioners in the said execution case filed an application under Order XXI Rule 16 of the Code of Civil Procedure (hereinafter referred to as the 'said application' in short) for execution of the said decree in place of the original decree-holder claiming to be the assignee of the said decree by virtue of the said deed of lease.
Copyright © Regent Computronics Pvt.Ltd.