BIJOY MODI Vs. ALAUDDIN AHMED

JUDGEMENT

(1.) The defendants/petitioners have preferred the instant application under Article 227 of the Constitution of India against a judgment and decree dated November 26, 2020 passed by the Waqf Tribunal, West Bengal in Suit No. 4 of 2008, filed by opposite party no. 1.

(2.) The Tribunal, in the impugned judgment and decree, held that the plaintiffs/opposite party no.1 is entitled to a decree of declaration that the occupation and possession of defendant nos.1 to 6/petitioners in the suit property is illegal, unlawful and unauthorised and that the said defendants have no right to occupy the suit property. The plaintiff was further granted a decree of possession and injunction retraining the defendant nos.1 to 6, their associates, agents, attorneys and any person claiming through them from creating third party interest in any manner whatsoever in the suit property.

(3.) The counter-claim filed by the defendant nos.1 to 6/petitioners was dismissed on contest.