PANNALAL DAS Vs. AJIT NAIN

JUDGEMENT

(1.) The revisional application is at the instance of a defendant in a suit under Sec. 6 of the Specific Relief Act and is directed against the judgment and decree dated Feb. 28, 2001 passed by the learned Civil Judge, Junior Division, 2nd Court Sealdah in Title Suit No. 632 of 1995.

(2.) The opposite party filed the aforesaid suit under Sec. 6 of the Specific Relief Act on the allegation that he obtained an ejectment decree against the present petitioner in Title Suit No. 501 of 1994 and in execution of the said decree got possession of the property through the help of bailif at about 4.30 p.m. on July 19, 1995. According to the opposite party, at about 5 pm. the present petitioner with the help of the Officer-in-Charge of the local Police Station dispossessed the opposite party and took forcible possession thereof.

(3.) The aforesaid suit was contested by the present petitioner by filing written statement thereby denying the material allegations made in the plaint. According to the present petitioner he was a tenant under one Smt. S.R. Talukdar in respect of the property and the opposite party suppressing the summons obtained ex parte decree in Title Suit No. 501 of 1994. According to the present petitioner the opposite party could not succeed in getting khas possession due to strong resistance given by the petitioner and knowing fully well that he did not get possession of the property, the opposite party in collusion with the bailif obtained a report of full satisfaction of the decree. The allegation of the opposite party that the petitioner with the help of police dispossessed him was denied.