PREMIER WOODCRAFTS PVT LTD Vs. DARBARI UDYOG

JUDGEMENT

(1.) This revisional application is directed against the judgment and order dated 9-9-1991 passed by the learned Additional District Judge, Third Court, Barasat in Misc. Appeal No. 148 of 1990, arising out of Order No. 16 dated 22/08/1990 passed by the learned Munsif, First Court, Barasat in Title Suit No. 91 of 1990.

(2.) Before discussing the impugned order, I propose to make a discussion of the whole background which gave rise to the instant revisional application.

(3.) Dhiren Roy and Barindra Mitra who are opposite parties Nos. 2 and 3 respectively in this revisional application filed on 14-5-1979 Title Suit No. 214 of 1979 in the Court of learned Munsif, Third Court at Sealdah, praying for a decree of ejectment of M/s. Premier Woodcrafts Pvt. Ltd., who is the petitioner in this revisional application. In the first paragraph of the plaint it was stated that the defendant was a tenant under the plaintiff in respect of one Bungalow at the ground floor at Ganganagar, Jessore Road, Police Station Airport, District-24 Parganas. In the second paragraph it was stated that the suit property was situated outside the municipal area and, therefore, the Transfer of Property Act would be applicable to the instant case. The petitioner before me contested the suit by filing a written statement in which inter alia he averred in paragraph 6 that the statements contained in paragraph 1 of the plaint were substantially correct, but that the description of the suit premises had not been correctly described. The learned Munsif held that admittedly the defendant was inducted as tenant under the plaintiff in respect of the suit premises. He also found that the plaintiffs had adduced evidence that the suit premises fell outside the municipal area. The defendant did not adduce any evidence on that point. The defence also did not cross-examine the plaintiff (P.W. 1) on this point. So, he held that the suit premises was situated outside the municipal area and that the provisions of Transfer of Property Act were attracted. On the basis of his findings the learned Munsif decreed the suit on 8/04/1985.