MUKTA BALA DHARA Vs. CHAIRMAN ZILLA PARISHAD HOWRAH

JUDGEMENT

(1.) Title Suit No. 312 of 1979 was instituted in the Court of the learned Munsif at Uluberia, District: Howrah by the predecessor-in-interest of the plaintiffs/appellants, Ashutosh Dhara, for a declaration that he was a permanent lessee in respect of suit property and for permanent injunction restraining the defendants and their agents or employees from invading the possession of the said plaintiff.

(2.) In the said suit the Chairman, Zilla Parishad, Howrah, the Executive Officer, Zilla Parishad, Howrah and the District Engineer, Zila Parishad, Howrah were impleaded as defendants. Although summons of the suit were duly served on the defendants and although several adjournments were obtained by them for filing written statement, ultimately, the defendants failed to file written statement and on August 19, 1980 the suit was taken up for ex-parte hearing.

(3.) By the judgment and decree dated August 19, 1980, the learned Munsif, on the basis of unchallenged oral testimony of the plaintiff's witness No. 1, decreed the suit ex-parte with cost. It was declared that the original plaintiff was a permanent lessee in respect of the suit property and the defendants were restrained from interfering with his possession in respect thereof in any manner whatsoever.