BIBHU BHUSAN DAS Vs. SUDHIR KUMAR DEY

JUDGEMENT

(1.) This second appeal is at the instance of the plaintiff/appellant and is directed against the judgment and decree dated August 31, 2004 passed by the learned Additional District Judge, 1 st Track Court, Sealdah in Title Appeal No.41 of 2000 thereby affirming the judgment and decree dated January 28, 2000 passed by the learned Civil Judge (Junior Division), 1 st Court, Sealdah in Title Suit No.49 of 1989.

(2.) The plaintiff/appellant/petitioner herein instituted a suit being Title Suit No.49 of 1989 contending, inter alia, that previously he instituted a suit being Title Suit No.374 of 1986 against the respondents/opposite parties for ejectment on the ground of, inter alia, default. The said suit was decreed ex parte with costs against the defendants on March 18, 1988.

(3.) The defendants filed an application under Order 9 Rule 13 of the CPC for setting aside the said ex parte decree and that application was dismissed on contests. He did not take any step thereafter and then the plaintiff/petitioner filed an application for execution of the said decree and he got possession of the suit premises on August 1, 1988, but, surprisingly on August 2, 1988, the defendants/opposite parties herein forcibly evicted the plaintiff/petitioner from the suit premises. The plaintiff lodged a G.D. entry on August 3, 1988 and thereafter, he filed a suit for eviction against the defendants/opposite parties herein as trespassers.