BANKIM CHANDRA GHOSH Vs. MITRA NATH

JUDGEMENT

(1.) This application under Article 227 of the Constitution of India is directed against an order dated 3rd September, 2009 passed by the learned Additional District Judge, Sealdah in Misc. Appeal No.33 of 2009 affirming the order being No.134 dated 19th December, 2008 passed by the learned Additional Civil Judge, Junior Division at Sealdah in Misc. Case No.66 of 2007 arising out of a proceeding under order 39 Rule 2A of Civil Procedure Code, at the instance of the defendants/petitioners. Heard Mr. Tandon, Learned Advocate appearing for the petitioners and Mr. Chatterjee, learned Senior Counsel appearing for the opposite party herein. Considered the materials on record including the order impugned.

(2.) Let me now consider the merit of this revisional application in the facts of the instant case.

(3.) The plaintiff/opposite party filed a suit for declaration and injunction against the defendants/petitioners herein. The plaintiffs claimed that the plaintiff no.2 is a lawful tenant under the defendants in respect of the suit premises. He further claimed that he being a tenant in the suit premises, his possession in the suit premises cannot be disturbed by the defendants in any manner whatsoever. It was further stated by the plaintiffs that the plaintiff no.1 entered into an agreement of sale with the defendant no.1 on 27th March, 1993 for purchasing the suit property from the said defendants. It was further stated therein that the said agreement is legal, valid, binding and enforceable in law.