BIJOY NAGAR TEA COMPANY LTD Vs. NARSING DASGUPTA

JUDGEMENT

(1.) THE present application under Article 227 of the constitution is directed against the Order No. 17 dated 24th March, 2006 passed by the learned Civil Judge (Sr. Divn.), Jalpaiguri, in title Suit No. 85 of 2005.

(2.) THE present petitioner, as defendant No. 2, filed an application under Order 7 Rule 11 read with section 151 of the Code of Civil Procedure before the learned trial Court on 3rd January, 2006. The opposite party/plaintiff filed a written objection thereto on 2nd March, 2006.

(3.) IT was claimed in the said application under Order 7 Rule 11 read with section 151 of the Civil Procedure Code that admittedly the tenure of 12. 77 acres allegedly belonging to Prem Singh Das and recorded in C. S. Record No. 86/5 was purchased by Prodyut Kumar Bose, an Advocate of Siliguri Court and in the R. S. record-of-rights the total land holding of Sri Bose was recorded in five different Khatians. The plaintiff in the suit gave the history of the alleged original tenure recorded in the name of Prem Singh Das as also the subsequent devolutions and transfers in favour of different persons. The plaintiff laid a claim to a total area of 1. 14 acres forming part of two R. S Dag, namely, Dag nos. 77/771 and 79/775. The said two dags are admittedly part of R. S. Khatian no. 600/27. The plaintiff in the suit did not make any claim in respect of any other plot or part thereof either under Khatian No. 600/27 or under any four of the R. S. Khatians recorded in the name of Prodyut Kumar Bose.