ASHALATA DUTTA Vs. GITA DUTTA AND AVIK KUMAR

JUDGEMENT

(1.) In this appeal, the order No. 9 dated 20.06.2005 passed by Shri N. Chatterjee, learned Judge, 11th Bench, City Civil Court, Calcutta in Title Suit No. 451 of 2005 is assailed by the appellant Smt. Ashalata Dutta. The respondent Nos. 1& 2 viz. Smt. Gita Dutta & Shri Avik Kumar Dutta as daughter-in-law and grandson of the appellant herein had filed the aforesaid Title Suit for declaration and permanent injunction and in that suit an application under Order 39 Rules 1 & 2 read with section 151 of the Code of Civil Procedure for grant of temporary injunction restraining the appellant from evicting them from the suit flat by execution of the Judgment and order passed by the learned Chief Judge, Small Causes Court, Calcutta in S.C.C. Suit No. 201 of 2001. The learned Trial Judge after hearing the parties and on consideration of the materials on record, disposed of the said application for temporary injunction in a slip shot manner directing the parties to maintain status-quo in respect of the residential portion of the plaintiffs (respondent Nos. 1 & 2 herein) out of the suit premises till disposal of the suit.

(2.) The plaintiffs' case, bereft of unnecessary details and relevant for the points raised in this appeal in as follows:

(3.) The plaintiffs brought the aforesaid suit for declaration that Pashupati Dutta, since deceased, was the real, sole and absolute owner of the suit property which he acquired in the benam of his wife, the appellant herein; for declaration that they have one-forth undevided share in the suit property after the death of Pashupati Dutta; for declaration that plaintiff No. 1 being a widowed daughter-in-law has the right of maintenance including the right to reside in the suit premises No. 240-A, Acharya Prafulla Chandra Roy Road, Calcutta - 700 004 and for further declaration that the Judgment and order dated 30.07.2004 passed by the learned Chief Judge, Small Causes Court, Calcutta in respect of their title and status is bad, illegal and not binding upon them.