DEBASIS BANERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) -This revision is directed against the order passed by the learned Additional Chief Metropolitan Magistrate on 19.9.90 in G.R. Case No. 644 of 1990 arising out of Case No. F-90 dated 22.3.90 whereby he directed the I.O. concerned to hand over the key in question to O.P. No. 2 Saumya Dutta and also directed the present petitioner to seek his relief in the title suit filed by Saumya Dutta in the City Civil Court. This revision is also directed against the order passed by the said Magistrate on 21.9.90 in the same case whereby he rejected the prayer for stay of the operation of the earlier order.

(2.) This revision has been resisted by Saumya Dutta, opposite party No. 2 and also by the State of West Bengal, opposite party No. 1.

(3.) The petitioner's case in short is that the disputed premises at 16, Gopal Bose Lane belongs to his grandmother Brindarani Debi who filed a suit, being Ejectment Suit No. 493 of 1988 against her son Baidyanath Banerjee and got a decree on 17.2.89, that by putting the said decree into execution in Ejectment Execution Case No. 72 of 1989, she got delivery of possession of the decretal premises on 24.2.90 through the Court with the help of the police, that the said premises was allotted in favour of the petitioner Debasis Banerjee who had been carrying on his business after obtaining necessary trade licence and other licence in his name. His further case is that on 22.3.90 the opposite party No. 2 along with the others forcibly entered into the disputed premises by breaking the padlock, that over this forcible possession his father Baidyanath Banerjee lodged an F.I.R. on 22.3.90 with the Police Officer, that such an F.I.R. gave rise to Case No. F-90 dated 22.3.90, that on the same day the Police Officer arrested the opposite party No. 2 and others in connection with the aforesaid case and kept the said premises under lock and key and that on 24.3.90 he filed the petition before the learned Addl. Chief Metropolitan Magistrate for return of the key.