AMAL CHANDRA MONDAL Vs. ANITA BISWAS

JUDGEMENT

(1.) Heard the learned Advocates for the parties.

(2.) The plaintiff/appellant filed a Title Suit No.52 of 2002 in the Court of the learned Civil Judge, Junior Division, Bongaon against the defendants- respondents praying for a decree declaring the right, title and interest of appellant in the suit property and for permanent injunction restraining the respondents from entering the suit property and from disturbing the peaceful possession of the appellant in the suit property. It appears that the defendants-respondents are the two daughters of the plaintiff. The plaintiff/appellant has alleged that the plaintiff purchased two adjacent plots of Bastu land in the name of his wife in the years 1973 and 1978 and the plaintiff had built a pucca dwelling house on the said land and that the plaintiff's wife was only a 'Benamdar' but the actual owner of the property is the plaintiff himself. The plaintiff has further alleged that the defendants-respondents, sometime in the year 2002, tried to enter into the plaintiff's property and declared that they are the present owners of the suit property having purchased the same from their mother. The plaintiff has alleged that the deeds through which the defendants are claiming title to the suit property are forged deeds and that the plaintiff's wife, who was suffering from cancer at the materjal time, was not at all in a position to execute any such deeds. The plaintiff has challenged such deeds through which the defendants are claiming title to the suit property.

(3.) That the learned trial Court by order dated 27.02.2002 granted an ad- interim order of injunction directing the defendants not to interfere with the present position of the suit property and not to disturb the status-quo position as regards the possession, user and nature and character of the suit property till the disposal of the injunction-petition. It appears that the defendants-respondents filed a petition alleging that the suit filed by the plaintiff/appellant is not maintainable on various grounds and prayed for hearing of the said petition and also for dismissal of the said suit on the ground of non-maintainability. That by order dated 17.03.2003 the learned trial Court passed an order whereby the learned trial Court decided the question of non-maintainability as a preliminary issue and held that the suit is maintainable.