BIKI PRASAD JAISWAL Vs. DINESH PRASAD JAISWAL

JUDGEMENT

(1.) This application under Article 227 of the Constitution of India impeaches the order dtd. 1/8/2023 passed by learned Civil Judge (Junior Division), Alipurduar in Title Suit No. 552 of 2015. By the order impugned learned Trial Court in exercise of inherent power conferred under Sec. 151 of the Code of Civil Procedure directed the Officer-in-charge, Jaigaon Police Station to ensure proper implementation of order of status quo passed by learned Trial Court while disposing off the petition for injunction and also to ensure restoration of possession of the plaintiff to the suit property and to submit a report of compliance.

(2.) For the sake of convenience and brevity the parties would be referred to as they have been arrayed before the learned Trial Court.

(3.) Briefly stated, the plaintiff Dinesh Prasad Jaiswal filed the suit for declaration and injunction against the defendants registered as Title Suit No. 552 of 2015, contending, inter alia, that the defendant no. 1 inducted the plaintiff as tenant in respect of suit property at monthly rental of Rs.3000.00 per month which was increased from time to time and last paid rent amount was Rs.15,000.00 per month which was tendered by the plaintiff, but defendant no. 1 refused to accept the rent for the month of June, 2015 when offered.