SUSHANTA ROY Vs. SHYAMAL KANTI BANDOPADHYAY

JUDGEMENT

(1.) CHALLENGE is to the order dated December 17, 2009 passed by the learned Civil Judge (Junior Division), First Court, Sealdah in Title Suit No.259 of 2007 thereby allowing an application under Section 151 of the Code of Civil Procedure filed by the defendant no.1. By the said order, the plaintiff was directed to restore the possession of the A schedule property to the defendant no.1.

(2.) THE plaintiff / petitioner herein instituted a suit being the Title Suit No.259 of 2007 for permanent injunction praying for a decree for restraining the defendant no.1 from dispossessing and / or disturbing the peaceful physical possession of the plaintiff in the A schedule property, as described in the schedule to the plaint. At the time of filing the suit, the petitioner prayed for temporary injunction. He also prayed for ad interim injunction which was refused by the learned Trial Judge. THEreafter, the petitioner preferred a misc. appeal being Misc. Appeal No.88 of 2007 and the lower appellate Court granted an ad interim order of injunction by granting status quo on December 24, 2007.

(3.) IT may be noted herein that the landlord filed a title suit being Title Suit No.98 of 2005 for declaration, recovery of possession and permanent injunction against the defendant no.1 contending, inter alia, that the defendant no.1 has been possessing the rooms of the ground floor of the suit premises as trespasser.