MRITYUNJOY DAS Vs. STATE

JUDGEMENT

(1.) It appears that T.S.No. 42 of 1975 of the Munsif's Court at Nabadwip, District Nadia was instituted by Narayan Gopal Dey and eight others against Radha Ballabh Ghosh for recovery of a shop-room situated at holding No. 87B/1 on the Bazar Road within Nabadwip Municipality and tenanted by the said Radha Ballabh. It appears that both the petitioners acquired 1/9th share of the land and structure covered by plot No. 1282/ 9519 holding No. 88B/1 Bazar Road by 9519; purchase from the heirs of Kartick Chandra, one of landlord-plaintiffs and the tenant attorned in their favour. They both applied for being added as parties to the aforementioned T.S.No.42 of 1975 and petitioner No.1 Mrityunjoy was added as a pro forma defendant to the said suit whereas the petitioner of Dhananjoy went on pending.

(2.) T.S. No. 42 of 1975 was decreed on compromise in terms of a solemnama filed by the plaintiffs and the defendant Radha Ballav (Annexure-C ) against the said defendant and the suit was directed to continue against the added pro forma defendant Mrityunjoy. The decree-holders put the decree to execution which was numbered as T. Ex. Case No. 18 of 1977. The petitioner No. 1 filed an application under S.47 of the Civil P.C. Yet a writ for delivery of possession of the decretal premises was issued.

(3.) On 13-10-77 Nilmoni Khan, process server of the Court went to deliver possession of the decretal premises when he was resisted by the present petitioners. The process server went to the Police Station and lodged F.I.R. (Annexure-A) and asked for Police help. Police Station Case No. 24 of that date under Ss. 353 and 506 was started on this F.I.R. and with the police help provided the process server delivered possession to the decree-holder. The petitioners were arrested and sent up to the Judicial Magistrate, Nabadwip (Annexure-B) and G. R. Case No. 341 of 1977 was started against them. Subsequently, so it is alleged, even the T.Ex. Case No. 18 of 1977 was struck out and the petitioners filed an application before the learned Munsif under S.144, C.P.C. for restoration of possession. The petitioners applied to the learned Magistrate for discharging them from the case (Annexure-E). The learned Magistrate, however, rejected their applications. Hence, this revisional application.