AJIT KUMAR SARKAR Vs. RENU KARMAKAR

JUDGEMENT

(1.) This application under Article 227 of the Constitution of India is directed against an order being No.24 dated 25th January, 2006 passed by the learned Additional District Judge, Basirhat in Title Appeal No.12 of 2005 by which the plaintiff/respondent/petitioner was not permitted to amend his plaint at the appellate Stage. The plaintiff/ respondent/ petitioner was aggrieved by the said order. Hence, he filed the instant revisional application before this Court.

(2.) Heard Mr. Banerjee, learned Senior Counsel appearing for the petitioner and Mr. Roy Chowdhury, learned Senior Counsel appearing for the opposite party. Considered the materials on record including the order impugned. Let me now consider as to how far the learned Appeal Court was justified in passing the impugned order in the facts of the instant case. The plaintiff filed a suit for declaration of his title in respect of A schedule property. He has also prayed for a decree for recovery of possession for evicting the defendants from kha schedule property on revocation of licence. He also prayed for a decree for permanent injunction for restraining the defendants from changing the nature and character of kha schedule property and also for restraining them from dispossessing the plaintiff from any part of ka schedule property beyond kha schedule. He also prayed for a decree of mesne profit against the defendant. On perusal of the plaint, this Court finds that the plaintiffs claim therein that kha schedule property is a part of ka schedule property. It was further stated therein that originally Kunja Behari Majumdar took settlement of the ka schedule land from the Refugee Rehabilitation Department, Government of West Bengal. After obtaining settlement of the said land, he constructed one pucca room of temporary nature and started living there. Subsequently, the plaintiff purchased the right, title and interest of the said Kunja Behari Majumdar in the said ka schedule property by registered deed of cobala dated 18th November, 1967 and thereafter constructed one room with tile shed of temporary nature and started living there by mutating his name in the concerned Municipality and by paying rates and taxes of the said holding to the Municipality. The plaintiff permitted the defendant nos.1 and 2 to reside in the kha schedule property temporarily for three months. Such permission was granted during rainy season of 1972 as the defendant no.1 was working as a maidservant in the plaintiffs house and the defendant no.2 was her husband. Initially they agreed to vacate the suit property but subsequently they did not vacate the kha schedule property and prayed for one months time for delivering possession thereof to the plaintiff. Hence, the instant suit was filed. The defendant nos.1 and 2/opposite parties contested the plaintiffs said suit by filing written statement denying the plaintiffs title in the suit property. The defendants claimed that they are the owners of the said property by virtue of the deed of gift executed by the R.R. Department of the Government of West Bengal in favour of the said defendants on 26th July, 1972. The defendants, thus, denied the grant of licence in their favour and/or revocation thereof as claimed by the plaintiff. The defendant, thus, prayed for dismissal of the said suit.

(3.) The parties have led their respective evidence in support of their claim in the said suit. The said suit was ultimately decreed by the learned Trial Judge on contest. The defendant nos.1 and were directed to vacate the kha schedule property within sixty days from the date of the decree and to deliver vacant possession to the plaintiffs by removing unauthorized structures from the suit property within sixty days from the decree. In default the plaintiff was given liberty to recover possession of the kha schedule property by execution of the said decree. The right, title and interest of the plaintiff in the suit property was declared. The defendant nos.1, 2 and 4 were restrained permanently from interfering with the right, title, interest and enjoyment of the suit property by the plaintiff.