PARULBALA DAS Vs. CHAMPA RANI DASI

JUDGEMENT

(1.) This application is at the instance of the plaintiff and is directed against the order no.25 dated June 10, 2009 passed by the learned Civil Judge (Junior Division), First Court, Chandannagar in Title Suit No.225 of 2006. By the impugned order, the learned Trial Judge has directed impounding of a power of attorney. Being aggrieved, this application has been preferred.

(2.) The short fact is that the plaintiff filed the suit for ejectment after revocation of licence against the defendants. She is the owner and possessor of the premises in suit by way of inheritance after death of her husband. The defendant no.1 is a close relation of the elder brother of the plaintiff's husband and for that reason there was good relationship between the plaintiff and the defendant no.1. Thereafter, the plaintiff asked the defendant no.1 to quit and vacate the suit property but she did not comply with the said request. In the meantime, the defendant no.1 inducted the defendant no.2 in the suit premises and so his status is nothing but a trespasser or a licensee under a licensee.

(3.) But the defendants did not vacate the premises in suit. So, the suit was filed for recovery of possession. In that suit, plaintiff filed a petition for admitting the power of attorney by making the same as exhibit and that application was rejected by the impugned order. Being aggrieved, this application has been filed by the plaintiff.