WAJED ALI AND Other vs SUDHIR CHANDRA DAS AND Other Opposite Parties — 1957 PLD 1054

Citation: 1957 PLD 1054

Court: Dacca

Year: 1968

Decision Date: 1968-03-18

Parties: WAJED ALI AND Other vs SUDHIR CHANDRA DAS AND Other Opposite Parties

Headnotes

Case cited as PLD 1957 Lah. 1054

Judgment Text

Court Name: Dacca Judge(s): A. H. Khan, A. S. Chaudhry Title: WAJED ALI AND Other vs SUDHIR CHANDRA DAS AND Other Opposite Parties Case No.: Civil Revision Case No. 1363 of 1967 Civil Revision Case No. 11 of 1968 Date of Judgment:1968-03-18 Reported As: PLD 1970 Dacca 466 Result: E. JUDGMENT JUDGMENT A. S. CHOWDHURY, J.---These two revisional applications arise out of Title Execution Case No. 1 of 1955, pending in the 5th Court of Subordinate Judge, Dacca, for execution of a decree obtained in Title Suit No. 97 of 1950 of that Court and as such they were heard together and are being disposed of by this judgment. It may be mentioned here that the said suit was origi--nally registered and numbered as Title Suit No. 47 of 19-16 and hury, it was subsequently transferred to the 5th Court of the Sub--ordinate Judge, Dacca and numbered as Title Suit No. 97 of 1950 of that Court. It is stated in the petition that Opposite-Party No. 1 Sudhir Chandra Das obtained a preliminary decree and thereafter a final decree for partition in the said title suit and the Court allotted the Sahama which are subject-matter of this petition to the said opposite-party Sudhir Chandra Das. The petitioners who were inducted as monthly tenants during the pendency of the suit filed an application that they were not liable to be evicted as they were bona fide tenants and not trespassers and that the Opposite---Party No. 1 can take only symbolical possession under the pro--visions of rule 36 of Order XXl of…

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