SUDHARSAN MONDAL AND ANR. Vs. SUKUMAR PURKAIT @ PURKAYASTHA

JUDGEMENT

(1.) This revisional application is directed against Order No. 131 dated 16th May 2006 passed by the Additional Civil Judge, (Junior Division), 1st Court, Diamond Harbour, South 24 Parganas, in Title Suit No. 53 of 1996 by which the additional written statement filed by the petitioner was not accepted by the Court below.

(2.) The plaintiff/opposite party filed the above suit for declaration of his title and permanent injunction. The petitioner is contesting the suit by filing written statement denying the averments made in the plaint. The Court permitted the petitioner to file additional written statement on an earlier occasion and the suit, thereafter, was posted for preemptory hearing.

(3.) During pendency of the suit, an application for Reference, under Section 21 of the West Bengal Land Reforms Act on the strength of the defence that the petitioner is bargadar in respect of the suit property, was filed which was rejected by the trial Court which stood affirmed by this Court in revision. It was categorically held that the said property is a bastu land and the alleged claim, as bargadar, is improbable and not tenable.