Amir Ali Vs Harise Chandra Das
.... on u/s 48, C. P. C. 3. It seems to us that the contention of the appellant should be accepted. It is contended on behalf of the respondent that the fact that there was an appeal against the decree of the 7th July 1911 gives him the right to execute the decree as against defendant No. 3 counting t ...
Calcutta High Court
Fazalar Rahman and Others Vs Abdul Samad and Others
.... econd appeal to this Court. 2. In our opinion the lower Courts are right in holding that the time should be calculated from the later date. Though the facts are not the same we think the principles in the case of Uma Charan Chakrabarti and Others Vs. Nibaran Chandra Chakrabarti, are applicable ...
Calcutta High Court
Rafat Sheik and Others Vs Sachindra Kumar Lahiri and Others
.... nd. Cas. 696 : 19 C.W.N. 140, Protap Chandra Roy v. Judhister Das 23 Ind. Cas. 69 : 19 C.L.J. 408 and Manners v. Harikar Dutt Koer 22 Ind. Cas. 563 : 19 C.W.N. 149. The passage most in point will be found in the head-note of the second of these cases. At page 144 Page of 19 C.W.N.--[Ed] it is stated ...
Calcutta High Court
Harihar Roy Vs Sarat Chandra Basu Chowdhuri
.... lp him after his tenancy has come to an end we are unable to understand. But the appeal must fail on the findings of fact. The lower Appellate Court has held that the pottah on which the defendant relied and which was accepted by the Munsif has not been proved to relate to the land which is the subj ...
Calcutta High Court
Ananda Priya Baishnavi Vs Bijoy Krishna Ray
.... ent ever took place. The decree-holder has deposed in her evidence that there was no talk of amicable settlement but this is negatived by her petition of objection filed on the 28th October 1922 wherein she admitted (vide para. 6) that the judgment-debtor had made a proposal for amicable settlement. ...
Calcutta High Court
Gopal Chandra Das and Another Vs Kumar Satya Bhanu Ghoshal and Others
.... er L year according to the following monthly instalments. When the term of this kabuliyat expires and unless and until any second arrangement is made I will pay rent without any objection at the above rate". 6. For the appellants it is contended that this kabuliyat is a confirmatory lease recogni ...
Calcutta High Court
Kamini Kumar Roy and Another Vs Rajendra Nath Roy and Another
.... tiff does not desire to withdraw from the suit unless with liberty to bring a fresh suit, and the Court considers that such liberty should not be granted the proper course is simply to dismiss the application. On behalf of the opposite party in this Rule the same argument was urged as had been urged ...
Calcutta High Court
Pitambarnath and Others Vs Bhairab Chandra Sinha and Others
.... to the landlords now raising the defence that the rent of the plaintiffs'' tenancy was enhanceable. But the subject-matter of the landlords'' application was not the same as their defence in the present suit. In their application u/s 105 they raised the question whether they were then entitled to e ...
Calcutta High Court
Dhana Mohammed and Another Vs Nastulla Molla and Another
.... operty it is the defendants'' case that this possession was obtained by them as adhiars. The first Court accepted the contention of the defendants that the plaintiffs'' possession was that of adhiars and that finding had not been reversed by the lower Appellate Court. If the plaintiffs were put in p ...
Calcutta High Court
Pecha Mandal and Batu Rajbanshi by his Mother and next Friend Dubia Bewa Vs Bhairabendra Narayana Roy and Others
.... eded in dispossessing the plaintiff and their co-sharers from their possession of that touzi and the plaintiffs were compelled to establish their rights by a civil suit. While the plaintiffs were out of possession the owners of Touzi No. 124 the proforma defendants Nos. 3 to 10 in the present suit, ...
Calcutta High Court
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