LAWS(CAL)-2023-9-10

SATYAJIT DAS Vs. SUBRATA NAHA

Decided On September 13, 2023
Satyajit Das Appellant
V/S
Subrata Naha Respondents

JUDGEMENT

(1.) The instant revisional application as filed under Article 227 of the Constitution of India impugns the judgement and order dtd. 31/7/2013 passed in Title Suit No. 30 of 2003 by the Learned Civil Judge, Senior Division, 10th Court, Alipore, whereby and whereunder the said court dismissed the said suit on contest.

(2.) The plaintiffs of the said suit felt aggrieved and thus preferred the instant revisional applications.

(3.) Before the learned trial court it is the plaint case that plaintiffs are the tenants in respect of the 'suit property', particulars of which has been mentioned in the Schedule A of the said plaint and taking advantage of the absence of the original plaintiff (who has died during the pendency of the said suit) the defendants being the landlords took illegal possession of the suit property on 4/5/2003 and thus dispossessed the plaintiff from his settled possession in the suit property without due process of law. On the basis of the averments made in the plaint the original plaintiff made the following prayers in his plaint before the learned trial court namely: