KALPANA TALUKDAR Vs. ASHOK SARKAR @ GOLAK SARKAR

JUDGEMENT

(1.) THIS application is at the instance of the plaintiffs/appellants herein and is directed against the judgment and order dated March 14, 2013 passed by the learned District Judge, Barasat in Misc. Appeal No.57 of 2013 thereby affirming the order dated February 27, 2013 passed by the learned Civil Judge (Senior Division), 1st Court, Barasat in Title Suit No.690 of 2011.

(2.) THE predecessor-in-interest of the plaintiffs / appellants / petitioners herein instituted the aforesaid suit against the defendant/opposite party herein for a decree of declaration that the plaintiff is a lawful tenant of the Schedule 'B' property including the common place of Schedule 'C' property, a decree of permanent injunction against the defendant not to make illegal construction after blocking the windows of the plaintiff's room after dismantle the verandah and landing space of the first floor of the Schedule 'B' property including blocking the only passage including common stair of the plaintiff's property for ingress from and egress to as per Schedule 'C' below property and not to obstruct the plaintiff's possession over the schedule property by illegally and forcibly and also restraining the defendant not to evict the plaintiff from his tenanted property illegally and other consequential reliefs.

(3.) THE defendant also filed an application under Order 39 rule 4 of the C.P.C. and both the matters were disposed of by the common order dated February 27, 2013 holding that the plaintiff has no prima facie case. The balance of convenience and inconvenience does not tilt in favour of the plaintiff and that the plaintiff will not suffer from irreparable loss and injury if the injunction is not granted. Therefore, the plaintiff is not entitled to get any order of injunction in respect of Schedule 'B' & 'C' property.