BINAPANI MITRA Vs. BHABANI CHARAN NANDY

JUDGEMENT

(1.) - This second appeal has been preferred challenging the judgment and decree dated March 16, 1998 and May 2, 1998 respectively passed in Title Appeal No. 232 of 1993 by the learned Civil Judge (Senior Division), Second Court, Howrah, affirming the judgment and decree dated June 29, 1993 and July 12, 1993 passed in Title Suit No. 232 of 1983 by the learned Munsif, 5th Court, Howrah.

(2.) The back drop under which this appeal has been preferred is inter alia as follows: Said Batokrishna Mitra filed T.S. No. 232 of 1983 praying for his declaration of tenancy and injunction and also praying for setting aside the decree in case No. 51 of 1980.

(3.) One Bhabani Charan Nandy originally filed T.S. No. 51 of 1980 against one Batokrishna Mitra praying for his eviction from the suit property. The said Title Suit No. 51 of 1980 was decreed ex parte.