SK. JOYNAL ABEDIN Vs. MOHAMMAD ABDUL SALAM

JUDGEMENT

(1.) CHALLENGE is to the Order No.19 dated May 25, 2011 passed by the learned Civil Judge (Junior Division), 1 st Court, Malda in O.C. Case No.39 of 2010 thereby allowing an application under Section 151 of the CPC for police assistance. The plaintiffs/opposite parties herein instituted a suit being O.C. Suit No.39 of 2010 against the petitioners and others for decree of declaration that the property described in the Schedule to the plaint is the joint property, permanent injunction restraining the petitioners from disturbing peaceful possession of the suit property and for other reliefs. The petitioners are contesting the said suit. At the time of the filling of the suit, the plaintiffs filed an application for temporary injunction and that application for temporary injunction was disposed of on contests directing both the parties to maintain status quo with regard to the nature, character and possession of the suit property as on date until disposal of the suit. Thereafter, the plaintiffs filed an application under Section 151 of the CPC praying for police assistance contending, inter alia, that the defendants are trying to forcibly evict the plaintiffs from the suit property. That application was allowed by the impugned order. Now, the question is whether the impugned order should be sustained.

(2.) UPON hearing the learned Counsel for the parties and on going through the materials-on-record, I find that the plaintiffs have contended that the suit property as described in the schedule to the plaint belonged to Hazi Sk. Mofijuddin who had transferred the same in favour of his wife, proforma defendant No.4, on April 26, 2007. Thereafter, on September 5, 2007 and September 6, 2007, the proforma defendant No.4 had transferred the suit property in favour of the plaintiff No.1 by two Deeds of Sale. Thereafter, some transfers took place in between the inter-plaintiffs in respect of the suit property and thus, the plaintiffs became the owner of the suit property and they are in possession of the suit property according to their share by way of amicable partition. The L.R. Record had been prepared in the name of the plaintiffs in respect of the suit property.

(3.) SO, this being the position, I am of the view that there should not be any order of rendering police assistance in such circumstances. The application is, thus, allowed. The impugned order is hereby set aside. Considering the circumstances, there will be no order as to costs. Urgent xerox certified copy of this order, if applied for, be supplied to the learned Advocates for the parties on their usual undertaking.