RAMRIC LAL SAHA Vs. SACHINDRA NARAYAN ROY

JUDGEMENT

(1.) This is an application under Article 133 of the Constitution for a Certificate in respect of the decree of a Division Bench of this Court in Second Appeal No. 819 of 1955 dated July 28, 1966 reversing the decree of the lower appellate court arising out of Title Suit No. 530 of 1956 of the Second Court of Munsif at Ali-pore.

(2.) On or about December 23, 1953. one Purnendu Narayan Roy Deb Barman, since deceased predecessor-in-interest of the respondent No. 1 along with the respondent No. 2, instituted in the First Court of the Munsif at Alipore a suit for eviction of the petitioner from flat No. 2 on the around floor of premises No. 136B Rash Behari Avenue, Ballygunge, Calcutta. The said suit on transfer to the second Court of the Munsif at Alipore was renumbered as Title Suit No. 520 of 1956. The suit was decreed by the learned Munsif on December 20, 1957.

(3.) Against the said decree the petitioner preferred an appeal before the learned District Judge of 24 Parganas at Alipore, which, on transfer to second court of the Subordinate Judge at Alipore, was registered as Title Appeal No. 205 of 1958. The said appeal was allowed by the learned Subordinate Judge by his judgment and decree dated August 9, 1958.