GANESH Vs. AMAR NATH SHAW
HIGH COURT OF CALCUTTA
Amar Nath Shaw
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Bibek Chaudhuri, J. -
(1.) Both the appeals were heard analogously and this Court proceeds to dispose of these two appeals in a common judgment as hereunder.
(2.) The respondent in both the appeals as plaintiff filed Title Suit No.36 of 1996 before the learned Civil Judge (Junior Division), 1st Court at Chandannagar against the predecessor-in-interest of the present appellants claiming him to be a licensee in respect of two rooms with attached veranda and another room having no veranda with brick built wall and tile shed and common bath and privy in holding No.9, Ward No.5 under Champdani Municipality in the district of Hooghly. The said suit was subsequently transferred to the court of the learned Additional Court of Civil Judge (Junior Division) and was renumbered as Title Suit No.167 of 1997.
(3.) Subsequent to the institution of the said suit, the original defendant, namely Ganesh Shaw, since deceased instituted a suit for partition of the above mentioned premises against the plaintiff of the former suit in the court of learned Civil Judge (Senior Division), Hooghly which was registered as Title Suit No.158 of 1996. The former suit being Title Suit No.36 of 1996, since renumbered as Title Suit No.167 of 1997 was transferred to the court of the learned Civil Judge (Senior Division), Hooghly for analogous hearing with Title Suit No.158 of 1996. The said suit was again renumbered as Title Suit No.229 of 1999 in the court of the learned Civil Judge (Senior Division), Hooghly.;
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