MAGMA LEASING LTD. Vs. KESHAVA NANDAN SAHAYA

JUDGEMENT

(1.) This revisional application is directed against order dated March 15, 2011 passed by learned Civil Judge (Senior Division), 9th Court, Alipore in Title Suit No. 17 of 2002 by which an application under Order 1 Rule 10 (2) of the Code of Civil Procedure is allowed.

(2.) The original plaintiff namely Jyoti Kumar Rajgarhia through the joint receivers instituted Title Suit No. 17 of 2002 in the 9th Court of Civil Judge (Senior Division), Alipore praying for a decree for declaration of his title in respect of the premises described in the Schedule 'A' to the plaint and a decree for 'Khas' possession by evicting the defendants/opposite parties from the portion of Schedule 'A' property as fully described in Schedule 'B' thereto and a decree for permanent injunction restraining the defendants/opposite parties from transferring or alienating and/or creating any third party interest.

(3.) The property which is included in Schedule 'A' to the plaint, as would decipher therefrom, is premise no. 32, Raja Santosh Road measuring more or less 2 Bighas 12 Chittacks 13 Sft. within District 24 Parganas, South. The boundaries of the said premises is also depicted therein and is butted and bounded on the south partly by premise no. 14 Alipore Avenue and partly by premise no. 13 Alipore Avenue and partly by vacant plot of land being premises no. 24/7 Raja Santosh Road. Schedule 'B' to the plaint from which the recovery of possession is sought being the south western portion of the premise no.32 Raja Santosh Road, P.S- Alipore is shown to have butted and bounded on the South by premises no. 24/7 Raja Santosh Road and premises no. 13 & 14 Alipore Avenue.