HARIDAS MONDAL Vs. SAHADEB MONDAL

JUDGEMENT

(1.) The plaintiff's case is that one Rajmohan Mondal was the owner of the entire 22 decimals of land noted on the schedule 'Ga' to the plaint. After his death, his son, Sadhan Mondal, inherited the property. He executed a power of Attorney in favour of the plaintiff's wife, Manorama Debi. On the footing of that power of Attorney, she sold the said property to the plaintiff by a registered kobala dated 27-5-1975. The suit is for a permanent injunction. An application for a temporary injunction was put on by the plaintiff.

(2.) The defendant filed an objection. The allegation is that in 1961 Rajmohan Mondal executed a deed of agreement for selling the property to him. On the strength of that document, he is in possession of the land in question on payment of rent. The plaintiff's purchase is a collusive one.

(3.) The prayer for temporary injunction was turned down by the learned Munsiff. The plaintiff-petitioner moved up in appeal and was unsuccessful before the learned Additional Subordinate Judge, Nadia. Hence this revisional application by the petitioner.