JIBANKUR CHATTERJEE Vs. ASIMA CHATTERJEE

JUDGEMENT

(1.) This application is at the instance of the plaintiff and is directed against the judgment and decree dated may 20, 2005 passed by the learned Civil Judge (Senior Division), Seventh Court, Alipore in Title Suit No.255 of 2001 thereby dismissing the same on contest with costs.

(2.) The short fact of the case is that the plaintiff/petitioner filed the suit for recovery of possession against the defendant/opposite party under Section 6 of the Specific Relief Act by evicting the defendant from the premises in suit, as described in the schedule of the plaint. His contention is that he purchased more or less two cottahs of land at Sayedpur under P.S. Thakurpukur in 1991 and thereafter he constructed a twostoried building thereon. His eldest son, Shyamankur, was married to the defendant/opposite party on 08.03.1995 and they lived in one room of the said building till 07.06.2000. Thereafter, the defendant/opposite party left her matrimonial home. At present, she has been residing at her father's house at Konnagar. The plaintiff asked his eldest son to leave the premises in suit after revocation of licence granted to him to live thereat. Accordingly, the eldest son of the plaintiff delivered vacant possession of the said room to the plaintiff on 10.03.2001.

(3.) The eldest son of the plaintiff filed a Matrimonial Suit for divorce against the defendant before the learned District Judge, Alipore being the Matrimonial Suit No.265 of 2001 and the same is pending. Then on 09.06.2001, the defendant along with some unknown persons entered into the house of the plaintiff and thereafter the plaintiff was dispossessed from the premises in suit. So, the plaintiff has filed the suit under Section 6 of the Specific Relief Act.