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Sarat Chandra Bhattacharjee Vs. Shambhu Nath Bhattacharjee and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Reported inAIR1934Cal36
AppellantSarat Chandra Bhattacharjee
RespondentShambhu Nath Bhattacharjee and ors.
Excerpt:
- .....only question is whether the defendant, who is the petitioner before us, ought to be allowed to retain the landlord's fee which he has withdrawn from court on the sale in question having taken place, or whether he ought to be made to refund the amount of the landlord's fee which he has withdrawn. in our opinion the defendant petitioner has made good grounds nos 12 and 15 taken in his petition before us; and, in that view of the matter, the rule must be made absolute, but having regard to the special circumstance of this case there will be no order for costs.
Judgment:
ORDER

1. We have examined the record in this case carefully and we have considered since yesterday with equal care the submissions made on behalf of the petitioner and also on behalf of the opposite party. The facts are not in dispute. The only question is whether the defendant, who is the petitioner before us, ought to be allowed to retain the landlord's fee which he has withdrawn from Court on the sale in question having taken place, or whether he ought to be made to refund the amount of the landlord's fee which he has withdrawn. In our opinion the defendant petitioner has made good Grounds Nos 12 and 15 taken in his petition before us; and, in that view of the matter, the Rule must be made absolute, but having regard to the special circumstance of this case there will be no order for costs.


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