ANIL KUMAR DEY Vs. BIDHU BHUSHAN DAS

JUDGEMENT

(1.) An order dated 12th April 2002 passed by the learned Civil Judge (Senior Division), 3rd Court at Howrah in Miscellaneous Appeal No. 296 of 1998 affirming the order dated 4 September 1998 passed by the learned Civil Judge (Junior Division), 1st Court at Howrah in Title Suit No. 3 of 1997, is under challenge in this revisional application.

(2.) The petitioner herein is the plaintiff in a suit for declaration of his tenancy right in respect of the suit property and for permanent injunction.

(3.) After filing the said suit, the petitioner filed an application under Order 39 Rules 1 and 2 read with section 151 of the Code of Civil Procedure, inter alia, praying for an order of temporary injunction for restraining the defendant/opposite party No. 1 and his men, agents from interfering and/or disturbing the peaceful possession of the plaintiff in respect of the suit property.