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Harimohon Roy Vs. Khalil Bepary and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in48Ind.Cas.433
AppellantHarimohon Roy
RespondentKhalil Bepary and ors.
Excerpt:
specific relief act (i of 1877), section 9 - possessory suit, whether can be dismissed on ground of want of title--civil procedure code (act v of 1903), section 115--revision. - .....to be restored to possession the judgment and decree passed by the learned munsif must be set aside and in lieu thereof a decree must be passed directing the plaintiff to be restored to possession of the suit land. the petitioner is entitled to his costs in this rule. we assess the hearing fee at one gold mohur.
Judgment:

1. This Rule was obtained by the plaintiff calling upon the opposite party to show cause why the judgment and decree complained of should not be set aside No one shows cause at the hearing before us. The plaintiff brought the suit to recover possession under Section 9 of the Specific Relief Act. The Court below found that the plaintiff was in possession of the land. Therefore, under the terms of the Act, he was entitled to be restored to possession. But the. Munsif, finding the plaintiff to be in possession without any title, dismissed the suit. The suit being one under the provisions of Section 9 of the Specific Relief Act, the plaintiff, on proving his possession and dispossession as mentioned in the section was entitled to be restored to possession The judgment and decree passed by the learned Munsif must be set aside and in lieu thereof a decree must be passed directing the plaintiff to be restored to possession of the suit land. The petitioner is entitled to his costs in this Rule. We assess the hearing fee at one gold mohur.


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