HIRANMOY DEY Vs. DILIP KUMAR KONER

JUDGEMENT

(1.) This application is directed against the Order No. 29 dated July 27, 2010 passed by the learned Civil Judge(Junior Division), Second Court, Burdwan in Title Suit No. 185 of2007 thereby rejecting an application under Section 21(3) of the West Bengal Land Reforms Act, 1955.

(2.) The Plaintiff/opposite party instituted a suit being Title Suit No. 185 of 2007 against the Petitioners and the opposite party No. 2 for a decree of declaration of his right, title and interest in the suit property, eviction, damages, permanent injunction, etc., before the learned Civil Judge (Junior Division), Second Court, Burdwan. The Petitioners are contesting the said suit by filing a written statement denying the material allegations made in the application. It is the specific contention of the Petitioners that they are the Bargadars in respect of the suit property as described in the schedule of the plaint. At the stage of peremptorty hearing, the Petitioners filed an application under Section 21(3) of the W.B.L.R. Act, 1955. The learned Trial Judge has rejected that application by the impugned order. Being aggrieved, this application has been preferred.

(3.) Now, the point for consideration is whether the impugned order should be sustained.