AMAL BANERJEE Vs. SANJIB KUMAR DEY

JUDGEMENT

(1.) The instant revisional application under Article 227 of the Constitution of India is directed against the order dated 7.7.2011 passed by learned Civil Judge (Junior Division), 2nd Court at Howrah in Title Suit No.42/2009 whereby the learned trial Judge directed the plaintiff/petitioner to pay the necessary court fees on the value of the deed impugned being No.5719/2008 dated 26.3.2008 at A.D.S.R., Ramnagar, Purba Medinipur fixing a date for payment of ad valorem court fees by the plaintiff.

(2.) The execution of the deed in question as mentioned above is under challenge in the said suit and as such the petitioner/plaintiff prayed for a decree for declaration that the deed in question is ineffective, invalid, inoperative, void ab initio and not binding upon the plaintiff. In the said suit, the plaintiff/petitioner has also prayed for a permanent injunction restraining the defendant no.1/opposite party from exercising any sort of ownership and possession in respect of 'A' schedule suit property. The case of the plaintiff/petitioner before the learned lower court in short is that all the part and parcel of the bastu land measuring about 4 cottah 8 chitaks 15 sq.ft. together with pucca building being known as "Subhashree Lodge" standing thereon comprised within Dag No.2034/2170, 2034/2172, 2034/2228 under Khatian Nos. 545, 546/1, 557/1 within Mouza Khadelgobra, P.S. Digha belonged to the present plaintiff/petitioner.

(3.) The defendant no.2 is carrying a hotel business by the side of the suit property and in course of time friendship grew in between the plaintiff and the said defendant no.2.