PRATIMA ROY Vs. SANKAR KRISHNA ROY

JUDGEMENT

(1.) Smt. Pratima Roy plaintiff/petitioner being aggrieved by the order passed by the learned Civil Judge (Junior Division), 1st Court, Alipore in Title Suit No. 3293 of 2010 on 15/11/2021 has filed the present application under Article 227 of the Constitution of India and whereby learned Civil Judge (Junior Division), 1st Court, Alipore was pleased to allow the petition under Order 1 Rule 10 of Civil Procedure Code (C.P.C.) filed by the present opposite party no. 2 and 3 for getting themselves added as a party being a lis pendente lite transferee of the suit property.

(2.) Facts necessary for disposal of the present revisional application in gist is that center of dispute amongst the parties is a shop room named Lakhmi Narayan Bhander measuring about 160 sq.ft situated at 22, Dr. K.S. Roy Road (Jadavpur Station Road), P.S.- Jadavpur, Kolkata-700032 and situated on the public road which belongs to P.W.D.

(3.) The plaintiff/petitioner claims the disputed shop room was owned by her deceased mother Smt. Khama Bala Roy and who during her life time gifted the same in her favour by executing a gift deed dtd. 6/5/2003. Her mother had inducted the defendant no.1 one of her sons as a licensee to run the disputed shop at a monthly license fees of Rs.1000.00 and who continued to remain in possession of the shop room as a licensee under the plaintiff too, but at a monthly license fees of Rs.1500.00. The plaintiff who has no source of income to maintain her livelihood intend to run the impugned business and as such she revoked the license by sending a notice to her brother through her lawyer on 8th day of April, of 2009. Such notice was duly received by him.