SUFAL MATHUR Vs. BASUDEV SARDAR

JUDGEMENT

(1.) This revisional application at the instance of the plaintiff/petitioner is directed against Order No.21 dated June 29, 2011 passed by learned Civil Judge (Junior Division) 3rd Court, Krishnagar, Nadia in Title Suit No.43 of 2009 rejecting the petitioner's application under Order 6 Rule 17 of the Code of Civil Procedure and also an application made under Order 1 Rule 10(2) of the said Code. The plaintiff/petitioner herein filed a suit being Title Suit No.43 of 2009 in the Court of the learned Civil Judge (Junior Division) 3rd Court, Krishnagar at Nadia against the opposite parties praying for a decree for declaration that the plaintiffs are coowners in possession of the property in suit; that a decree for Khas possession be passed against the defendants evicting them from the suit property; that a decree be passed for mandatory injunction against the defendants to demolish the unauthorized additional construction illegally done by defendants and that a decree be passed for all costs of the suit. The suit property as it appears from the Schedule of the Plaint is 10 decimals of land out of 92 decimals fenced by Katcha and split up bamboos over which the disputed homestead is situated at Plot No.221 under Khatian No.557.

(2.) In support of the plaint case the plaintiff, inter alia, stated in paragraph 2 that the suit property originally belonged to Panchu Mathur. He used to possess the property raising his homestead thereon. In his name R.S. R-O-R was duly prepared and he paid rent to the State of West Bengal and got receipts there for. Panchu died leaving behind him surviving his only son, Sagar Mathur, who also used to reside over the property in suit. Paragraph 2 of the plaint is reproduced below:

(3.) It is the further plaint case that Sagar Mathur and Monmotho Sardar respectively the predecessors of the plaintiff and the defendants herein knew each other and out of their good relationship Monmotho having approached Sagar, he allowed Monmotho to live at a portion of the homestead standing over the suit property belonging to Sagar. It was the understanding between Sagar and Monmotho that Monmotho would quit and vacate the suit property after or within 5 years but he did not do so and Monmotho also died. After the death of Monmotho his sons, the present defendants, again prayed for time from Sagar to allow them to stay over the suit property for a further period of 5 years, which was allowed out of pity and sympathy. Although, commitment was made by the defendants, they did not vacate the premises as a result whereof, the plaintiffs being the successors in interest of Sagar Mathur, have filed the present suit for eviction of defendants/licensees and prayed for Khas possession from the said defendants.