SITA RAM SHAW Vs. RADHESHYAM SHAW

JUDGEMENT

(1.) THIS application is directed against the Order No.8 dated September 24, 2010 passed by the learned Additional District Judge, Barrackpore in Misc. Appeal No.36 of 2010 thereby affirming an Order No.1 dated March 10, 2010 passed by the learned Civil Judge (Junior Division), 4th Court, Sealdah in Title Suit No.69 of 2010.

(2.) THE plaintiff / opposite party no.1 herein instituted a suit for declaration and permanent injunction. THE defendant / petitioner herein is contesting the said suit. At the time of filing of the said title suit, the plaintiff filed an application for temporary injunction. THE learned Trial Judge granted interim order of temporary injunction. THEreafter, the defendant / petitioner herein filed a misc. appeal being Misc. Appeal No.36 of 2010 and the learned Appellate Court disposed of such misc. appeal affirming the order of the learned Trial Judge. Being aggrieved, this application has been preferred by the defendant no.1 / petitioner herein.

(3.) THE short fact of the plaint case is that the plaintiff and the defendant no.1 are the grantees in respect of the ground as mentioned in the schedule of the plaint under the defendant no.2 under certain terms and conditions. Amongst other terms, the grantees were given the right over the ground jointly and they might possess the ground as per their convenience and even partition might be done. But the grant is redeemable on one months notice upon payment of compensation for the structure, if any and that the provisions of the Transfer of Property Act shall not apply in respect of the grant so granted in favour of the plaintiff and the defendant no.1. Accordingly, the plaintiff and the defendant no.1 possessed the property. THE defendant no.1 intended to sell his portion to a third party and at that time, the plaintiff filed the said suit for the reliefs already stated.