KAMALA DUTTA ALIAS SUJAYA DUTTA Vs. PARBATI BANERJEE

JUDGEMENT

(1.) The instant revisional application preferred by the petitioners is directed against the judgment and order passed by Shri N. N. Ghose, the learned Assistant District Judge, 5th Court, Alipore, on 28.2.97 in Mise. Appeal No. 364 of 1995. By the order impugned the learned Assistant District Judge allowed the appeal in the following manner : "That the appeal be and the same is allowed on contest with costs of Rs. 300/-; the respondents are hereby directed by an order of mandatory interim injunction to remove the padlock from the entrance gate both on the western and eastern side of the suit premises and restore possession of the appellant at once. The respondents are further directed not to disturb peaceful possession and enjoyment of the suit property of the appellant after restoration of such possession till disposal of the injunction petition; that the order, appealed against, is set aside."

(2.) The said Misc. Appeal arose out of the order dated 14.8.95 passed by the learned Munsif (now designated as Civil Judge Junior Division) 3rd Court, Alipore, in Title Suit No. 283 of 1995 rejecting the prayer for interim injunction. Being aggrieved by the said order of rejection of the prayer for interim injunction the plaintiff presently O.P. No. 1 as appellant preferred the said Misc. Appeal No. 364 of 1995 which, as stated above, was allowed by the learned assistant District Judge, 5th Court, Alipore, in the manner as already indicated.

(3.) The facts of the case may briefly be stated thus. As per the case of the plaintiff presently O.P. No. 1 she was a tenant under her father Sashi Bhusan Debnath at a rental of Rs. 300/- per month payable according to English calendar month. The said tenancy is in respect of the entire first floor comprising two bed rooms, one kitchen, bath privy and a covered verandah. After demise of her father the plaintiff used to pay rent to her mother Sarojini Debnath who was one of the joint executors of the Will executed by Sashi Bhusan Debnath. Subsequently, Sarojini Debnath died and the plaintiff has been paying rent to the other executor Shri Girija Sankar Banerjee who is her husband. The plaintiff being daughter of Sashi Bhusan claims herself to be a co-sharer in respect of 1/7th share. Further case of the plaintiff is that she is a tenant in respect of 6/7th share of the suit property under defendant Nos. 1 to 12. It has been alleged by the plaintiff that the defendants are trying to dispossess her from the suit property and as such the petition under Order 39 Rule 1 and 2 read with section 151 of the Code of Civil Procedure was filed by the plaintiff in the trial Court. The learned trial Court issued notice upon the defendants to show cause why the petition being temporary injunction filed by the plaintiff would not be allowed. However, the learned trial Court rejected the prayer of the plaintiff for ad interim injunction whereupon being aggrieved by the said order of rejection of prayer for ad interim injunction the plaintiff as appellant preferred Misc. Appeal No. 364 of 1995 which was allowed by the learned Assistant District Judge, 5th Court, Alipore in the manner as already indicated.