PARITOSH SAHA Vs. SUBHASH CHANDRA BASU

JUDGEMENT

(1.) The petitioner before this Court is the respondent in the Learned Appellate Court and is directed against the Order passed by the Learned Court in setting aside the ad-interim Order of injunction passed by the Learned Trial Court.

(2.) The case of the petitioner may be summed up thus:

(3.) The petitioner being aggrieved by the Order dtd. 14/7/2022 passed by the Learned Appellate Court has come up with the instant application. It is the contention of the petitioner that the Learned Appellate Court below failed to appreciate that the plaintiff/petitioner is a tenant under the defendant/opposite party. It is further contended by the petitioner that the Learned Appellate Court below failed to appreciate that in absence of any order of injunction the plaintiff may be ousted from the suit premises by the defendant forcefully. It is also contended by the petitioner that the Learned Appellate Court below failed to appreciate that on a different Cause of action T.S.No-770 of 2017 was instituted and it has no nexus with the present suit. The opposite party/defendant filed affidavit in opposition to the petition. It is contended by the opposite party that Title Suit No-236 of 2021, was filed in full suppression of the fact that earlier Title Suit No-770 of 2027 was filed before the Learned Court for declaration and injunction with regard to self same suit property and self same relief against the self same parties except five persons who are excluded though their names were mentioned in paragraph-no-4 and who are also necessary parties to the suit. It is contended that the suit property was 'Thika property' and the defendant/opposite party was/is 'Thika Tenant' of Holding No.86, Sadar Bose Lane, P.O. Howrah P.S. Howrah, District-Howrah and the plaintiff/petitioner is the 'Bharatia' under the thika tenant/Landlord/defendant/opposite party.