MESSRS ACME ESTATE PRIVATE LIMITED Vs. DEWANTI RAI

JUDGEMENT

(1.) I am dealing with an application under Article 227 of the Constitution of India to adjudicate the legality of the order dtd. 29/11/2022 passed by the learned Civil Judge (Senior Division), 4th Court at Alipore refusing an application dtd. 7/11/2022 under Order 7 Rule 11 of Civil Procedure Code with a prayer for rejecting the plaint as well as application dtd. 14/11/2022 with a prayer for dismissal of the suit, in connection with Title Suit No. 1430 of 2022.

(2.) Plaintiff/opposite party filed the Title Suit No.1430 of 2022 for declaration with consequential relief for permanent injunction in respect of subject properties. Predecessor of the husband and brother in laws (proforma defendant nos. 3 to 6) of the plaintiff/opposite party were possessing the subject property uninterruptedly since 1951 and thereby acquired a right of adverse possession. Plaintiff/opposite party being married wife of proforma defendant no. 6 has been residing in the subject property since marriage in the year 1987.

(3.) Further case of the plaintiff/opposite party is that her husband in collusion with other in laws were trying to hand over the subject property to the defendant/petitioner. Plaint further disclosed that proforma defendant no. 6 i.e. husband of the plaintiff resided in separate room alone and did not look after the plaintiff and her children.