SURAJ RAJAK ALIAS DHOBI Vs. JAMBULAL DHOBI

JUDGEMENT

(1.) This application is at the instance of the legal representatives of the defendant and is directed against the order dated October 18, 2006 passed by the learned Additional District Judge, Barrackpore in Misc. Appeal No.38 of 2006 thereby affirming the judgment and order dated March 27, 2006 passed in Misc. Case No.35 of 2004 arising out of a Title Execution Case No.61 of 2001.

(2.) The short fact necessary for the purpose of disposal of this revisional application is that the opposite party no.1 and the predecessor in interest of the opposite party no.2 instituted a suit being Title Suit No.280 of 1986 against one Gopal Dhobi, predecessor-in-interest of the petitioners for eviction from the premises in suit as described in the schedule of the plaint and that suit was decreed on contest. The predecessor-in-interest of the petitioners filed an appeal being Title Appeal No.98 of 1999 and that appeal was also dismissed on contest. Subsequently, the plaintiffs filed an execution case being Title Execution Case No.61 of 2001 for recovery of possession as per decree and they got the delivery of possession with the help of police after breaking open the pad lock on February 19, 2003.

(3.) The plaintiffs / decree-holders contended that the present petitioners had made forcible entry into the premises in suit on February 24, 2003 and filed an application under Order 97, 99, etc. of the C.P.C. and that application was converted into the misc. case no.35 of 2004. The said misc. case was also dismissed on March 27, 2006.