NAMITA PAL Vs. SHIPRA PAUL

JUDGEMENT

(1.) The instant revisional application has been filed, inter alia, challenging the Order No. 23 dtd. 18/11/2024, passed by the learned Civil Judge, (Junior Division) at Jalpaiguri, in Title Suit No. 510 of 2022, whereby the defendant no.1/petitioner's application filed under Sec. 151 of the Code of Civil Procedure, seeking dismissal of the instant suit filed by the plaintiff/opposite party no.1 was rejected.

(2.) To understand the scope of the present revisional application it would be necessary to briefly note down the facts. The plaintiff/ opposite party no.1 had entered into a tenancy agreement with one Shyam Sundar Pal on 17/1/2007 and had since been occupying 250 sq. ft., in a shop room situated at Merchant Road, Jalpaiguri Town, bearing Municipal Holding No. 10/24, under Ward No. 5 of Jalpaiguri Municipality. The plaintiff claims to be running a business in the name and style of Sagarika Plus from the said shop room. It is also the plaintiff's case that the aforesaid portion of the plaintiff's shop room had been carved out from the shop room measuring 700 sq. ft. owned by one Shyam Sundar Pal. It would further appears from the records that the plaintiff claims that the said Shyam Sundar Pal during his life time had permitted the plaintiff to use and occupy the balance 450 sq. ft. of the above shop room as a licensee and that the said Shyam Sundar Pal during his life time on 24/1/2007 by way of a declaration, had agreed that if he sells the tenanted premises measuring 250 sq. ft., he shall sell the same to the plaintiff at a reasonable price, failing which the tenancy shall be subjected to renewal. It is also the plaintiff's case that the petitioner herein was witness to the said declaration dtd. 24/1/2007. The plaintiff's case further proceeds on the basis that the aforesaid declaration dtd. 24/1/2007 though binding on the petitioner, yet the petitioner who is the daughter and legal heir of Shyam Sundar Pal, after his demise not only decided to sell the entire suit property and entered into an agreement for sale with third parties, including the shop room but also attempted to evict the plaintiff. It is in the facts as more fully noted in the plaint, a Title Suit was filed by the plaintiff/ opposite party no.1 before the Court of the learned Civil Judge (Junior Division ) at Jalpaiguri registered as T.S. 510 of 2022, inter alia praying therein the following reliefs:

(3.) The aforesaid third parties have been arrayed as defendant nos. 2 and 3 in the above suit. The petitioner claims to be contesting the said suit by filing written statement. Subsequently on 7/3/2024, the petitioner, as the legal heir of Shyam Sundar Pal, in her capacity as landlord of the plaintiff/ opposite party no.1, had instituted a Title Suit before the Court of the learned Civil Judge (Junior Division), Jalpaiguri which has been registered as T.S. No. 176 of 2024. In the said suit the petitioner has inter alia, prayed for a decree for recovery of possession as also for other reliefs. Particulars of the reliefs sought for in the said suit are extracted herein below: