BABU SEIKH Vs. SETBALA MONDAL

JUDGEMENT

(1.) This revisional a application is directed against an appellate judgment and order dated 13th June, 1991, passed by the Additional District Judge, 4th Court, Murshidabad, being Misc. Appeal. No.5 of 1991 (Goutam Chandra Mondal v. Babu Sk.). In the said order the Court of Appeal below had allowed the appeal preferred by the plaintiffs-appellants-opposite parties herein and granted injunction restraining the defendants opposite parties by an order of temporary injunction from disturbing the peaceful possession of the plaintiffs on the suit property.

(2.) The facts stated in this revisional application are as follows : A suit was instituted by the plaintiffs-opposite parties herein, before the learned Munsif, Lalbagh being Title Suit No.113 of 1990 and in connection with the said suit a prayer for interim injunction was made under Order 39 rule 1 & 2 of the Code of Civil Procedure. The learned Munsif, Lalbagh had taken up the injunction matter and had taken into consideration as noted the following facts.

(3.) From the facts and documents he came to the conclusion that Panchu Seikh has settled the "falkar" to the defendant and other person, namely, Arman Seikh and Jakir Seikh. Thereafter, the defendant transferred the said "falkar" right with a writing consent of Panchu Seikh to Ashok Kumar Mondal and four others. The signature of Panchu Seikh clearly appearing on the said 'falkar' receipt granted in favour of Ashok Kumar Mondal and four others on 12th April, 1990. The plaintiffs had claimed the suit property on the strength of deed of exchange dated 26th April, 1989, executed by Panchu Seikh and his wife in one side and the plaintiffs on the other side.