RAMNATH PRASAD Vs. SAWARMAL AGARWAL

JUDGEMENT

(1.) This application under Sec. 227 of the Constitution of India has been directed against the order dtd. 9/5/2024 passed by learned District Judge, Jalpaiguri in Misc. Appeal no. 10 of 2021.By the order impugned learned court below has set aside the order of interim injunction dtd. 12/7/2019 passed by learned Civil Judge, (Junior Division), 2nd court, Jalpaiguri in Title Suit no. 186 of 2019 and also pleased to dismiss defendant's mandatory injunction petition and thereby allowed the said Misc. Appeal 10 of 2021 in part.

(2.) Opposite Party no.1 as plaintiff filed aforesaid Title Suit no. 186 of 2019 against the defendants /petitioners for permanent injunction in respect of the suit property. Plaintiff's case in a nutshell is that the plaintiff since purchase has absolute right, title, interest and possession in schedule mentioned suit property measuring 0.09 acre, appertaining to L.R Khatian no. 1729, corresponding to L.R Plot no. 983 derived from R.S Plot no. 50 and 51, sheet no. 5 derived from R.S. sheet no. 8 in Mouza Dabgram. Plaintiff's further contention is that he purchased the land by way of registered deed dtd. 5/6/1980 from the legal heirs of Paresh Chandra Bhowmick and acquired possession.

(3.) One Chikenswari Devi was the original owner in respect of suit land who during her lifetime transferred the suit land along with other land to said Paresh Chandra Bhowmick by a deed dtd. 9/7/1965 and delivered possession thereof to the transferee. After death of Paresh, his legal heirs transferred the suit land in favour of plaintiff/respondent. Accordingly mutation certificate has also been granted in favour of the plaintiff and plaintiff's name also recorded in the L.R Record of Right. Plaintiff further alleged that defendant tried to dispossess him from the suit land by demolishing the guard wall. He filed the suit for declaring his right, title and possession in the suit property along with a prayer for injunction restraining the defendant from interfering with the peaceful possession of the plaintiff and also for an ad interim injunction to that effect.