GYANTI DEVI Vs. SHANTI DEVI

JUDGEMENT

(1.) This revisional application is directed against an Order dated May 23, 2011 passed by learned Civil Judge (Junior Division). Third Court, Howrah in Title Suit No. 156 of 2007 by which an application under section 151 of the Code of Civil Procedure for expunging the exhibited documents marked on admission is rejected. Before dealing with the point involved in this revisional application, salient features relating to the instant case is required to be spelt out. The plaintiff/opposite party filed an eviction suit against the petitioners in respect of flat situated on the 5th Floor at Premises No. 26, Gopal Chandra Mukherjee Lane. District Howrah. It is a specific case made out by the plaintiff/opposite party in the plaint that the defendants/petitioners were permitted to use and occupy the suit premises. In spite of the revocation of such permission, the defendants/petitioners denied to hand over the possession of the suit premises.

(2.) By filing the written statement, it is contended that one Doman Shaw, the predecessor of the opposite parties was the sole owner of the said property and entered into a tripartite agreement with the plaintiff/opposite party for construction of six storied building at premises No. 26, Gopal Chandra Mukherjee Lane, Howrah. It is further stated that upon the death of the said owner, the opposite parties succeeded to the estate of the said deceased and cannot be regarded in permissive occupation.

(3.) The suit was, thereafter, posted at the peremptory board, the daughter of the plaintiff/opposite party deposed as P.W. 1 and filed affidavit as to examination-in-chief. The said affidavit as to examination-in-chief was subsequently tendered by the said witness along with certain documents which were marked exhibits.