JOYDEV DAS Vs. SRIMATI KHANDUBALA DAS

JUDGEMENT

(1.) The opposite party no.1, being the mother of the petitioner, instituted a suit for declaration and injunction before the trial Court impleading him as defendant no.1. She sought relief of declaration to the effect that the petitioner has no right, title, and interest in respect of the suit property and for injunction restraining him from disturbing her peaceful possession and enjoyment of such property. The defendant no. 2 in the suit is the Assistant Engineer of the West Bengal State Electricity Company Limited (hereafter the company).

(2.) In connection with the suit, an application under Order 39 Rules 1 and 2 read with Section 151, Civil Procedure Code was filed by the opposite party no.1. While praying for an order of temporary injunction on the petitioner not to disturb her peaceful possession and enjoyment of the suit property, she also prayed for an order restraining the petitioner from changing the nature and character of the suit property and from obtaining supply of electricity in the portion of the suit property under his occupation. Upon hearing the opposite party no. 1, the trial Court by order dated July 15, 2009 granted ex-parte ad-interim relief as prayed for by her.

(3.) After service of summons, the petitioner entered appearance in the suit and contested the application for temporary injunction by filing a written objection. The petitioner pleaded in his written objection to the application for injunction that the suit property originally belonged to his father. On the death of his father, the opposite party no.1, the petitioner and his siblings inherited the same along with other non-suit property in ejmali. The family having expanded, the petitioner constructed a house in a portion of the suit property and started residing therein with his family after amicable partition. It was alleged therein that to deprive him of the suit property, the opposite party no.1 was claiming that the suit property was her purchased property. Since his possession was being disturbed and/or interfered with by the opposite party no.1, he has instituted a previous suit praying for a declaration that he has 1/10th share in the suit property, which is pending. Allegation levelled against him by the opposite party no.1 to the effect that he has been disturbing her possession or attempting to change the nature and character of the suit property was categorically denied.