ISHWARNATH GUPTA Vs. PROBIR DAS @ KALUA

JUDGEMENT

(1.) This application is at the instance of the plaintiff/respondent and is directed against the Order dated April 19, 2012 passed by the learned Additional District Judge, Howrah in Misc. Appeal No. 1 of 2011 thereby vacating the interim order of injunction granted by the learned Trial Judge in Title Suit No. 189 of 2010. The plaintiff instituted a suit being Title Suit No. 189 of 2010 against the opposite parties praying for a decree of declaration of title and other Reliefs. At the time of filing of the suit, he filed an application for temporary injunction and moved for an ad interim order of injunction. The learned Trial Judge, upon considering the materials on record, granted the ad interim injunction restraining the defendants from disturbing the plaintiff in the peaceful enjoyment of the suit property and also from making any obstruction to the raising of the boundary wall of the suit property. Being aggrieved, defendants preferred a misc. appeal being Misc. Appeal No. 1 of 2011 and that misc. appeal was allowed by the learned 1st Appellate Court thereby reversing the order of ad interim injunction.

(2.) Now, the question is whether the impugned order should be sustained.

(3.) Upon hearing the learned Counsel for the parties and on going through the materials on record, I find that the plaintiff has asserted his right, title and interest in the suit property contending, inter Alia, that one Ratan Chandra Naskar was the owner of the suit property as described in the schedule to the plaint. The plaintiff has also contended that he had purchased the said suit property by a Deed of Sale dated February 23, 2007 and thus, he had acquired right, title, interest and possession over the suit property. The plaintiff has also described how Ratan Chandra Naskar inherited the suit property as 16 Anna owner.