Jamaluddin Mollah vs Sk. Mohammad Aslam on 10 December, 2018
We may not be
unmindful of a bench decision of our Court in the case of Nurul Huda -
Vs. - Kira Basu, reported in AIR 1986 Calcutta 39, which decided a
case whether reliefs granted by the Court against some of the
defendants for recovery of possession from them, although no specific
prayer for recovery of possession from such defendants were made. The
Division Bench of our Hon'ble High Court held that such a relief can be
granted even in absence of any specific prayer. In view of the discussion
made hereinbefore and the principle underlying Order VII, I am of the
clear view that the Courts below have not committed any error in law in
decreeing the suit.