LAWS(CAL)-2020-6-33

JITEN DAS Vs. MATIARY VIVEKANANDA SHIKSHALAY

Decided On June 17, 2020
JITEN DAS Appellant
V/S
Matiary Vivekananda Shikshalay Respondents

JUDGEMENT

(1.) The revisional application under Article 227 of the Constitution of India is at the instance of the defendants in a suit for permanent injunction being Title Suit No. 33 of 2017 pending before the Additional Court of learned Civil Judge (Junior Division), Krishnanagar, District - Nadia and is directed against the Order No. 26 dated March 12, 2019.

(2.) The petitioners in the said suit by way of counter-claim inter alia have prayed for a decree of eviction of the opposite parties from the suit property, describing them as gratuitous licensees under them.

(3.) The petitioners have valued their said relief of counter-claim at Rs. 5000/-(Rupees Five Thousand only), the plaintiffs/opposite parties disputing the said value filed an application praying assessment of actual valuation of the said counter-claim and determination of the pecuniary jurisdiction of the learned Trial Judge to entertain such counter-claim.