AMARENDUA PRASAD ROYCHOWDHURY Vs. PRITHWISH GHOSHAL

JUDGEMENT

(1.) The hearing stems from an application filed by the petitioner praying for revision of twin orders being No. 170 dated 27.8.2002 & No. 167 dated 2.5.2002 passed by learned Civil Judge (Jr. Div.), 1st Court, Diamond Harbour in T.S. 90/1975.

(2.) The circumstances leading to the above application are that the petitioners brought the said suit as plaintiffs for eviction of licences from the disputed property stating that Aurobinda Ghoshal, predecessor of O.P. Nos. 1 to 3. was living at the disputed property as a licensee of them and on his death in 1973, on the prayer of his heirs the O.Ps. they were granted licence to live there till the plaintiffs asked for possession. On revoking licence the plaintiffs asked them to deliver khas possession. The plaintiffs sought for amendment of the plaint by incorporating a prayer for a decree for declaration of title in 'kha' schedule property and injunction restraining the defendants from dispossessing the plaintiffs and from changing the nature and character of the properties which was dismissed vide Order No. 167 dated 2.5.2002. The petitioners then filed an application for withdrawal of the suit with liberty to sue afresh which too was dismissed vide Order No. 170 dated 27.8.2002.

(3.) Being aggrieved by, and dissatisfied with, the aforesaid orders, the plaintiffs have preferred the present revision as petitioners.