HAFIZ AHMED KHAN Vs. TAPASI DAS

JUDGEMENT

(1.) THIS application is at the instance of the defendant no.1 / appellant no.1 and is directed against the order dated February 3, 2007 passed by the learned Additional District Judge, Sealdah in Misc. Appeal No.8 of 2007 thereby confirming an order of injunction dated January 12, 2007 passed by the learned Civil Judge (Junior Division), 2nd Court, Sealdah in Title Suit No.335 of 2006.

(2.) THE plaintiff / respondent no.1 / opposite party no.1 herein instituted a suit being Title Suit No.335 of 2006 for declaration of his tenancy right, permanent injunction and other reliefs against the defendant no.1 / petitioner herein and the other defendants / opposite parties herein in respect of two flats situated on the 3rd Floor of the premises as described in the schedule to the plaint. While filing the said suit, the plaintiff moved an application for temporary injunction along with the prayer for interim order of injunction. While dealing with the said application, the learned Trial Judge granted ad interim order of injunction. Thereafter, upon consideration of the application for temporary injunction, its objection, affidavits and other materials filed by the parties, the learned Trial Judge granted the relief of temporary injunction as prayed for by the plaintiff in her application. Thereafter, the defendant no.1 / appellant no.1 / petitioner herein preferred a misc. appeal being Misc. Appeal No.8 of 2007 and that misc. appeal was dismissed on contest without costs. Being aggrieved, the defendant no.1 / appellant no.1 / petitioner herein has preferred this application. Now, the question is whether the impugned order should be sustained.

(3.) THE defendant no.1 has claimed that the said two flats are in possession under him and he inducted his son and daughter in respect of the said two flats in 2006 and he has been realising rents from them. On the other hand, the plaintiff has filed rent receipts that he has been paying rent for the two flats in question to the defendant no.s 1, 2 & 3, i.e., owners of the suit property and they granted rent receipts in her whenever the rent was tendered to them.