GOPAL CHANDRA SAHA Vs. AMAL KUMAR GHOSH

JUDGEMENT

(1.) This is an application under Section 115 of the Code of Civil Procedure for setting aside an order dated 23rd of August, 1980 passed by the Additional District Judge, 12th Court, Alipur, in Miscellaneous Appeal No. 75 of 1979 allowing the said appeal by setting aside the temporary order of injunction passed by M.K. Sen Gupta, Munsif, Second Court, Alipur, in Title Suit No. 531 of 1976.

(2.) The scope of the application is very limited as has been laid down in the Supreme Court decision in Managing Director (MIG) Hindusthan Aeronautics Ltd. v. Ajit Prasad Tewari, in the following terms (at p. 77):

(3.) The subject matter of the suit is a plot of land being Premises No. 8/2 Palm Avenue, Calcutta, consisting of about 96 cottahs of land which admittedly belonged to two Nawabs, Nawab Ali Halder, and Nawab Ali Asgar Khan, which property is subject to an equitable mortgage for the balance of purchase price. The Vendor Mortgagor filed a mortgage suit and obtained a final mortgage decree for sale and on the 15th of March, 1962, the said property was sold in public auction in execution of the said final mortgage decree for sale on the 15th of March, 1962, and Mr. Amal Kumar Ghosh and Ors. the opposite party Nos. 1, 2 and 3, purchased the same and since then it appears that they have been prevented from taking possession as the auction purchaser of the said land due to intervention of various persons who have taken all sorts of proceedings from time to time before various Courts through various persons and this suit has been started as a last resort when everything failed and possession became imminent after dispossessing the persons in unlawful occupation. In this proceeding under Section 115 of the Code of Civil Procedure I need not go into the disputed facts as argued by both sides in detail. It will be sufficient for me to see whether the judgment of the Appellate Court suffers from any of the infirmities as laid down in the said Supreme Court decision.