MOHAMMAD KHALIL Vs. SK KALU MIA

JUDGEMENT

(1.) This appeal and this revisional application are directed against the Judgment/Order of affirmance passed by the 2nd Additional District & Sessions Judge, Hooghly in Title Appeal No. 160/ 72 whereby and whereunder the learned Additional District Judge has dismissed the suit and allowed the application filed by the opposite party contesting defendants under section 24 of the West Bengal non-agricultural Tenancy Act.

(2.) The factual scenario of the case leading to the present appeal and the revisional applications are as follows: The appellant Sk. Golam Borik, hereinafter referred to as plaintiff, filed a Title Suit in T.S. No. 207/70 before the learned Munsif Hooghly for declaration that the sale deeds dated 23rd April, 1954 and 17th February, 1960 in respect of 'B; and 'C' schedule properties are fictitious, invalid and sham transaction and for permanent injunction against the respondent Sk. Kalu Mia (hereinafter be referred to as contesting defendant) and also against the other proforma. defendants Md. Safiulla and Abdul Mazid Ansari (hereinafter called as proforma defendants).

(3.) The contesting defendant Sk. Kalu Mia filed a Separate Misc. Case in Misc. Case No. 41/69 against the plaintiff and the other proforma defendants for pre-emption of the 'D' schedule Property. Similarly, the contesting defendant also filed mother application for pre-emption of 'E' schedule properly in Misc. Case No. 8/70. The learned Munsif had taken up the hearing of all the cases and dismissed the plaintiffs suit whereas allowed the application filed under section 24 of the West Bengal Non agricultural Tenancy Act