USHA DAS ROY Vs. ARATI KAR MAITI

JUDGEMENT

(1.) This application for revision arises out of an order dated 29th June 1981 passed by Sri B. Bhattacharjee, Additional District Judge, Midnapore, Misc. Appeal No. 227 of 1980 revering the order passed by the Munsif, 1st court. Tamluk, rejecting an application for temporary injunction in title suit No. 243 of 1979.

(2.) This suit was commenced by O. P. No. 1 Sm. Arati Kar (Malty) against, the petitioner Sm. Usha Das (Ray) and ors. for a declaration that she is the officiating Headmistress of Tulia Sitala Balika Vidyapith and the resignation by the petitioner defendant No. 2 was final and irrevocable and order of approval of appointment of defendant No. 2 dated 2lst Feb. 1978 showing the purported date of the appointment as on 23rd Aug. 1977 was a nullity and invalid and the order of plaintiff's suspension passed by the Administrator was without jurisdiction.

(3.) Plaintiff's application for temporary injunction was rejected by the Munsif upon the finding that the plaintiff's (petitioners) resignation was duly withdrawn, that the Administrator was legally appointed by the Board and that the Administrator had duly suspended the plaintiff. These findings of Court were reversed in appeal.