AMAR CHAND KUNDU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Proceeding being Complaint Case No. 283 of 2010, pending before the learned Judicial Magistrate, 2nd Court, Katwa, Burdwan under Sections 148/149/323/379 of the Indian Penal Code has been assailed.

(2.) The case of the petitioners is that they are the absolute owners of the land in question and, at all material points of time, they were in possession thereof and cultivating the same.

(3.) The opposite party no. 2/complainant had sought for a declaration against the petitioners on the ground that he was the owner of the land and the same was subject to a mortgage in respect of a loan of Rs.23,000/-. The opposite party further claimed that sale deed, executed by and between the parties on 15.09.1998, was, in fact, a mortgage -cum-conditional sale agreement. On such premise, the opposite party no. 2 instituted a civil suit, being Title Suit No. 20 of 2010, before the Court of the learned Civil Judge, Junior Division, 2nd Court, Katwa and prayed for a declaration that he was the owner of the said plot of land. In the said suit, the opposite party no. 2 had prayed for an injunction restraining the petitioners from disturbing his possession and for a direction of maintenance of status quo in respect of the said property.