TAPAN DEY Vs. NILIMA DAS GUPTA

JUDGEMENT

(1.) THE petitioner has fired so many shots, one after another without any success but he is still undaunted notwithstanding his failures.

(2.) A suit for specific performance of a contract to sell, dismissed by the trial Court, was decreed by this court. When the decree was put into execution, the petitioner, alleging to be a tenant in respect of a portion of the premises under the Seller/judgment Debtor from before the contract of sale, filed objection to the execution under Section 4 7, Ode of Civil Procedure and that was the first shot. But his objection was repelled by the executing court and he moved this court in revision against that order. That was the second shot which also failed as the revisional application was dismissed by this Court.

(3.) THE petitioner thereafter filed a Civil Suit in the Munsif Court, Alipore prayaing for a declaration' that he was a tenant under the Seller / Judgment -Debtor from before the contract of sale and as such was not bound by the decree, and for a permanent prohibitory injunction restraining the decree - holder from disturbing his possession. The third shot.