SAMIR KUMAR PAL Vs. BHASKAR SARDAR

JUDGEMENT

(1.) THIS application is at the instance of the plaintiffs and is directed against the order dated March 31, 2010 passed by the learned Civil Judge (Senior Division), Baruipur in Title Suit No.38 of 2008 thereby dismissing the suit under Section 6 of the Special Relief Act.

(2.) THE plaintiffs instituted a suit being Title Suit No.38 of 2008 under Section 6 of the Specific Relief Act against the defendants before the learned Civil Judge (Senior Division), Baruipur praying for a decree of declaration that the plaintiffs were in lawful possession of the suit property, for a decree for recovery of khas possession and other reliefs with regard to the properties, as mentioned in the schedule of the plaint. THE plaintiffs were in possession of the said suit properties and they are residing thereon. THE defendant no.1 came to the plaintiffs and stated that he was interested in purchasing the suit properties and he is willing to pay the consideration money. When the plaintiffs refused his prayer, the defendant no.1 became furious and he threatened to dispossess the plaintiffs from the suit property forcibly. Ultimately, on November 1, 2007, the defendant no.1 with his men and agents drove out the plaintiffs from the suit properties and thus, he took forcible possession. THEreafter, the plaintiffs filed a suit under Section 6 of the Specific Relief Act. But the suit was dismissed by the impugned order. Being aggrieved, this application has been preferred.

(3.) THEREFORE, without going into the details into the matter, I am of the view that the impugned judgment and decree should be set aside and the matter should be remanded back to the learned Trial Judge for giving opportunities to the parties to adduce evidence in support of their respective contentions.