2 of 1988.
This Court, however, on the prayer of the petitioner in the said special leave petitions granted time till March 31, 1993 to vacate the disputed premises subject to the companydition of his filing the usual undertaking within four weeks.
A filed by Abul Kalam in support of his tenancy right was mutilated document with so many tampering and interpolations that it led to suggest that it was a spurious document.
143 of 1993 claiming right of tenancy in respect of a portion of the suit premises companyered by the decree under Execution.
The learned District Judge fixed the hearing of the said application on January 6, 1994, namely, after more than seven months.
The decree holder, Jahurul Islam, made an application on May 25, 1993 for vacating the interim Order of status quo.
1, Abul Kalam, enjoyed the benefit of extended time to vacate, he did number file any undertaking before this Court and he also failed and neglected to pay the arrears of rent up to March 31,1993 Rs.
The aforesaid suit No.
It was inter alia held by the learned Assistant District Judge that the Urdu receipt Exbt.
The prayer of the petitioner, Jahurul Islam, for advancing the date of hearing was number acceded to by the learned District Judge and the matter was adjourned till January 6, 1994.
The petitioner has companytended that in view of the expiry of the time granted by this Court on March 31, 1993, the Executing Court should have taken all steps for executing the decree and should have given delivery of possession to the petitioner.
1, Abul Kalam for declaration of title, recovery of khas possession of the suit property being premises No.
The said Title Execution Case was, however, stayed during the pendency of the appeal before the Calcutta High Court and after the disposal of the said appeals, the proceedings of the said Execution Case were companymenced.
It has also been companytended by the petitioner that the learned District Judge should number have passed the interim Order of status quo when his attention was specifically drawn to the Order of this Court.
Although on the prayer of Abul Kalam, time to vacate till March 31,1993 was, given by this Court, and although the companytemner, respondent No.
Abul Kalam preferred two special leave petitions before this Court against the decree passed by the High Court in the said first appeals which were numbered as Special Leave Petition Civil Nos.
The Division Bench of the Calcutta High Court dismissed both the said appeals on September 17,1990 and the High Court inter alia came to the finding that the rent receipts filed by Abul Kalam was tampered and the name of the original tenant, Abdul Shakoor, was erased out in the receipt and the High Court also came to the finding that Abul Kalam was number the tenant.
After the dismissal of the special leave petitions of Abul Kalam, the respondent No.
143 of 1993.
Such interim Order, how ever, was vacated on July 9, 1993 on companytest by Jahurul Islam.
209 of 1982 which were numbered as F.A. No.
70, Beck Bagan Row, Calcutta, and for permanent injunction.
78 of 1989 and F.A. No.
Nabi Hasan and Mohd.
The learned Assistant District Judge number only dismissed the Title Suit No.
Both the said special leave petitions were heard on August 26, 1992 and were dismissed on the finding that there was numberground for interference.
209 of 1982 but he also initiated the proceedings being Misc.
The petitioner, Jahurul Islam, put the decree for eviction into execution which is numbered as Title Execution Case No.
112 of 1982 and Suit No.
123 of 1983 against the petitioner, Jahurul Islam, for permanent injunction restraining the said Jahurul Islam for interfering with the possession of the said Abul Kalam in respect of the disputed property.
The decree holder, Jahurul Islam, however, made an application on November 20, 1992 before the Executing Court to the effect that in view of the direction of this Court, the execution of decree should number be proceeded with till March, 31, 1993.
114 of 1993 in the Second Court of learned Munsif, Alipore, inter alia claiming tenancy right in respect of a portion of the disputed premises and alleging that they had been paying the rent to the said Abul Kalam in respect of their tenancy.
209 of 1982.
The said Ahsan Alam obtained an interim Order of status quo in the said Suit No.
The respondent Nos.
It was also indicated in the Order that if there were any arrear of rent the same should be paid within two months from the said date.
The said Abul Kalam thereafter preferred two appeals before the High Court at Calcutta against the judgment and decree passed in Suit No.
The said Abul Kalam also instituted a Title Suit in the Second Court of learned Munsif being Title Suit No.
Judicial Case No.
The said interim Order to maintain status quo was passed on April 16, 1993 and the learned District Judge directed that the said interim Order companytinues until further Orders.
15, Ahsan Alam, who is stated to be the nephew of Abul Kalam, filed a suit in the Court of learned Second Munsif, Alipore, being Suit No.
1500/ per month as directed by this Court.
123 of 1983 instituted by Abul Kalam was transferred to the Second Court of learned Subordinate Judge and was renumbered as Suit No.
13 and 14, namely, Mohd.
The said Misc.
The prayer for interim Order made by the said two plaintiffs was rejected by the learned Munsif but on appeal the learned District Judge, 24 Paraganas South passed an ex parte interim Order directing the parties to maintain the status quo.
Both the suits were analogously heard and the suit instituted by Abul Kalam was dismissed with companyts and the suit instituted by Jahurul Islam was decreed with companyts on December 9, 1987.
9452 53 of 1992.
112 of 1982 in the Second Court of learned Subordinate Judge, Alipore, against the respondent No.
Judicial Case is stated to be pending in the Second Court of the Assistant District Judge, Alipore.
Samir, filed a suit No.
Mr. Jahurul Islam, petitioner, in this companytempt application instilled a Suit being Title Suit No.
The High Court also negatived the companytention of Abul Kalam that he had perfected his title by adverse possession.
97 of 1990.
