DEBAJOTI PROSAD Vs. STATE OF W B

JUDGEMENT

(1.) Order made by the Sub-Divisional Magistrate (S) Berhampore, Murshidabad dated March 11, 2005 has-been challenged by the petitioner.

(2.) The Magistrate made the order on the basis of an apparently undated application submitted by the fifth respondent asking for an order to direct police to give necessary help so that he could enter into a shop room by breaking open the lock allegedly put by the petitioner. It was alleged in the application that the petitioner and his father had broken open the lock put by the fifth respondent, and that thereafter they put their lock on the doors of the shop in question. By the order police was directed to help the fifth respondent to break the lock and open the shop. As a result, police and the fifth respondent broke open the lock put on the shop by the petitioner and entered into possession thereof.

(3.) It is to be noted that long before the incident took place, on March 29, 2003 the fifth respondent had instituted a suit (No 66 of 2003) before the Civil Judge (Junior Division). Second Court at Berhampore, and that in it the petitioner and his father were sued as the first and second defendants. The third, fourth, fifth and sixth defendants therein were the officials of Allahabad Bank. The same property was the subject matter of that suit. As plaintiff, the fifth respondent alleged that the sale deed executed by him in 1998 was not to mean an out and out sale of the property to the petitioner in this case. In the deed it was mentioned that possession of the property was given to the petitioner. The fifth respondent prayed for cancellation of that deed.