SHISHIRKUMAR SHARADCHANDRA SEN Vs. BINA ASHWINKUMAR BHAUMIK

JUDGEMENT

(1.) This revision application is directed against the order of the learned 4th Joint Civil Judge (S.D.), Vadodara for raising certain issues pertaining to the bar of Benami Transactions (Prohibition) Act, 1988, and hearing them as preliminary issues, in Regular Civil Suit No. 510 of 1981 and Special Civil Suit No. 237 of 1981.

(2.) Regular Civil Suit No. 510 of 1981 was filed earlier by Shishirkumar Sharadchandra Sen against Smt. Bina Ashwinkumar Bhaumik and her husband Ashwinkumar Yudhistir Bhaumik for a permanent injunction restraining the defendants from disturbing his possession of the ground floor portion of Block No. 2 in Jibendu Building. It was specifically pleaded that the plaintiff- Shishirkumar and defendant No. 2-Ashwindkumar had jointly purchased a plot of land in the year 1958, in the name of defendant No. 1. It was further averred that the plaintiff and defendant No. 2 constructed a house consisting of groundfloor and first-floor between the years 1960 and 1963 A.D. It is the plaintiff's case that in an oral partition he was given exclusive possession of Block No. 2, but he was threatened with dispossession on 8th May, 1981. So, a su a suit was filed on 12/05/1981.

(3.) In Special Civil Suit No. 237 of 1981 instituted by Smt. Bina Ashwinkumar and her husband Ashwindkumar against Shishirkumar on 7-10-1981 the two plaintiffs prayed for possession of Block No. 2 and mesne profits on the ground that plaintiff No. 1 Smt. Bina Ashwinkumar was the sole owner of the Building Jibendu, and the defendant Shishirkumar was only temporarily accommodated in Block No. 2 due to his pitiable plight.