DEBPRASAD BHATTACHARYA Vs. PRANAB CHANDRA

JUDGEMENT

(1.) The order impugned passed under Section 10 of the C.P.Code dated 31st March, 2014 by learned Civil Judge (Junior Division), 1st Court, Alipore rejecting the application for stay of 2012 suit filed by the plaintiff/petitioner in Title Suit No.1615 of 2011 and defendant opposite party in Ejectment Suit 78 of 2012 is under challenge in this revisional application.

(2.) Learned counsel appearing for the petitioner submits that petitioner filed Title Suit for declaration that the defendant no right to disturb his possession, which was decreed in his favour. Subsequently plaintiff/petitioner being landlord filed Ejectment Suit being No.78 of 2012 and started disturbing tenant/petitioner and compelled him to file a Title Suit no. 1615 of 2011 with a prayer for declaration that the plaintiff/petitioner being a monthly tenant of the suit premises, defendants have no right to disturb and/or interfere with the possession of the plaintiff/petitioner in the suit premises otherwise then due process of law and by permanent alimony restraining the defendant No.1 from disturbing and/or interfering with the possession, user and enjoyment of the suit premises by the plaintiff in any manner otherwise then due process of law.

(3.) Learned counsel submits that the plaintiff in eviction suit claimed to be the owner of a portion of the property and he has prayed for a decree for eviction against the defendant from the suit premises and a decree for recovery of khas possession of the suit property for evicting defendant from the suit property and a decree for recovery of mesne profit @ Rs. 200/- per diem on and from 1st October, 2012 from the defendant under the provision of under Order 20, Rule 12 of C.P.Code.