SAMIR KUMAR PAL Vs. BHASKAR SARDAR

JUDGEMENT

(1.) THIS is an application under Article 227 of the Constitution of India directed against judgment and decree dated 9th of September, 2011 passed by learned Civil Judge (Senior Division) Baruipur, South 24 Parganas in Title Suit No.38 of 2008.

(2.) THE petitioner plaintiffs' case, in short, is that they instituted suit being Title Suit No.38 of 2008 under Section 6 of the Specific Relief Act praying for a declaration that they were in lawful possession of the suit property including the land in suit Dag No.3677, for recovery of possession of the same, for mandatory injunction, and for other reliefs. It was alleged that while the plaintiffs were in possession of the suit property the O. P. defendant No.1 proposed to purchase the same and that on being refused he became angry and ultimately took forcible possession of the same on 1st of November, 2007.

(3.) THE O. P. defendant No.1 contested said suit for filing written statement denying material allegations of the plaint. Earlier the suit was dismissed by an order dated 31st of March, 2010. The petitioner plaintiffs preferred a revision being C. O. No.1899 of 2010 under Article 227 of the Constitution of India. During hearing of said earlier revisional application it came out that the most important witness namely Satyam Baidya who according to the plaintiff being his nephew, was in possession of the property when he was illegally dispossessed therefrom by O. P. defendant No.1 and his men and agents, was not examined as a witness. Accordingly, the revisional court sent back the matter on remand after setting aside the order of dismissal dated 31st of March, 2010 for giving the opportunity to the parties to adduce evidence in support of their respective claims and to write judgment according to law. It appears that after said order of remand said Satyam Baidya was examined as a witness. Thereafter, after giving opportunity of being heard to the parties learned trial court disposed of said suit by the order impugned.