DEB PROKASH SET Vs. HARIPROSAD MALLICK
HIGH COURT OF CALCUTTA
DEB PROKASH SET
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(1.) DEBA Prokash Sett has filed this Appeal from Original order Against the order dated 26th February, 1979 passed by the learned Judge, 4th Bench, City Civil Court. adjudicating his claim under Rule 98 of Order 21 of the Civil Procedure Code. An application had been made by the decree-holder respondent, Hari Prosad Malllick, inter-alia, complaining that the appellant and others, without any just cause, had resisted and obstructed execution of a decree for recovery of possession obtained by him against Mrs. Clarice: Munks in respect of the ground. floor suite no. 1 of Premises No. 4, Wood street, Calcutta. Hari Prosad Mullick, the said decree-holder has filed a revisional application under section 115 of the Code of Civil Procedure against the order dated 21st September, 1982 passed by the learned Judge, 13th Bench, city Civil Court rejecting his objection that the Title Suit No. 678 of 1980 brought by the said Deba Prokash Sett against him, was not maintainable.
(2.) WE have heard analogously the appeal and the revisional application which involve many common questions of law and fact. For the reasons, presently indicated the appeal preferred by deba Prokash Sett ought to be dismissed and the revisional application presented by Hari Prosad Mullick ought to be allowed in the manner indicated hereinafter.
(3.) IT appears that in August, 1961 Hari prosad Mullick and three others had jointly granted in favour of the afore-said Mrs. Clarice Munks a lease for a period of 21 years of the said suite no. 1 in the ground floor of No. 4, Wood Street, Calcutta. The petitioner, Hari Prasad Mullick has annexed to his revisional application a copy of a registered deed of partition dated 13th February, 1965 purporting to allot exclusively in his share the aforesaid suit property.;
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