AMIYA KANTI BHADRA Vs. BISHNUPADA SUR

JUDGEMENT

(1.) This rule is directed against the order No. 106 dated 29.6.1991, passed by the ld. Munsif, 4th Court, Sealdah, in Misc. Case No. 161 of 1984. The main thrust of the application preferred under Section 47 of the Code of Civil Procedure was that, that the Benami Transactions (Prohibition) Act, 1988 snapped of not only the right title interest of the decree holder-opposite parties but also the possession with respect to the disputed property. The title to the property never developed on the decree holder-opposite parties.

(2.) Rejection of the application under section 47 by the learned court below has pushed them to revision for the desired objective.

(3.) In the background of the rejection of the claim of the judgment-debtors, I shall now set out the factual premises of the case in which the instant litigation was launched.