KALIDAS MONDAL Vs. ABDUL HOSSEIN

JUDGEMENT

(1.) This is to consider a revisional application challenging the judgment and order dated December 6, 1995 passed by the learned Additional District Judge, Third Court at Barasat, District - North 24 Parganas in Miscellaneous Appeal No. 23 of 1993 reversing order No. 9 dated January 22, 1993 passed by the learned Munsif, Second Court at Basirhat, District- North 24 Parganas in title suit No.188 of 1992.

(2.) The defendant/petitioner in this revisional application, Kalidas Mondal, instituted title suit No. 74 of 1979 in the Court of the learned Munsif, Third Court at Basirhat against Panchu Karmakar and others for recovery of possession under section 6 of the Specific Relief Act of 1963. The plaintiff/opposite party No. 1 in this revisional application was defendant in the said suit.

(3.) By judgment and decree dated July 31, 1990 the learned Munsif decreed the suit on contest with costs against the contesting defendants and ex parte against the other defendants without costs. The plaintiff in the said suit got a decree for recovery of possession of the suit room. It was declared that the possession of the defendants was unlawful and they were directed to vacate the suit room within sixty days from the date of the decree. In default, however, liberty was granted to the plaintiff to recover khas possession of the suit room in execution of the decree. The defendants were restrained by a decree of permanent injunction from changing the nature and character of the suit premises and the plaintiff was granted a decree for mesne profits in preliminary form at the rate of Rs. 50/- per month from July 6, 1979 till recovery of possession.