MOHANLAL GHOSH Vs. UDAY CHAND BERA & ORS.

JUDGEMENT

(1.) Supplementary affidavit filed in court today be retained with the record.

(2.) One Sri Babobehari Bera filed an eviction suit being Title Suit No. 79 of 1989 against Sri Mohanlal Ghosh for eviction. In the said proceeding, a decree of eviction was passed on 27th September, 2007 in favour of the plaintiff. Sri Bera, thereafter put the decree into execution which has resulted in an application being filed under Section 47 of the Civil Procedure Code by Mohanlal Ghosh claiming that in the suit schedule property he had become the tenant under his wife on the basis that the his wife Smt. Rekha Ghosh under a registered deed of gift registered on 22.11.1992, acquired 1/12th share of Sri Kuntal who is one of the co-owners in respect of the suit premises. It appears from record that consequent upon execution of the said deed of gift Rekha tried to implead herself in the suit for eviction, namely, Title Suit No. 79 of 89 which was initially disallowed by the trial court and such order was upheld on 9th of April, 2001 by a Single Judge of this Hon'ble Court in Civil Revision (No. 629 of 2001) preferred by Smt Rekha Ghosh. The relevant observations of the Hon'ble Single Judge are reproduced herein below:-

(3.) It is an admitted fact Smt. Rekha Ghosh was not allowed to be impleaded in the category as a plaintiff or a defendant and the decree passed in the said suit is binding on Mohanlal Ghosh. The partition suit was pending. However, the pendency of the partition suit can not give any right to Mohanlal Ghosh or could create any right in his favour to resist the said decree.