LAWS(CAL)-1997-9-45

ILA KOYAL Vs. NALINI BALA KOYAL

Decided On September 05, 1997
Ila Koyal Appellant
V/S
Nalini Bala Koyal Respondents

JUDGEMENT

(1.) THE order dated 20.9.95 passed in M.P. Case No.283 of 1995 in the Court of Sub -Divisional Executive Magistrate, Howrah constitutes the subject -matter of challenge in the instant revisional application under sections 397, 401 and 482 of the Code of Criminal Procedure.

(2.) THE said M.P.Case arose out of an application filed by the petitioner on 2.2.95 under sections 107, 144 and 145, Cr. P.C. against the opposite parties No. 1 to 4.

(3.) THE case that was sought to be made out in that application on behalf of the petitioner may be stated as follows. The petitioner is a tenant in respect of the first and second floors of holding No.31/1, Kartic Chandra Ghosh Lane ; P.S. Bally; District -Howrah under the opposite party No.1 at a monthly rent of Rs. 100/ - payable according to English calendar month. One Damodar Tanna - the Proprietor of 'Nababharat Plastic Company' has been in occupation of the ground floor of the said holding as a tenant of the opposite party No.l. The petitioner was inducted by the opposite party No. 1 on the basis of a written agreement dated 2.5.89. Under the terms of that agreement, the petitioner would be entitled to develop the construction work of rooms and building on the ground -floor roof of the concerned premises at her expense and to bring electricity in her own name. Accordingly, at the cost of the petitioner, the construction of first and second floors of the premises was made and the electricity line was brought. The petitioner started business under the name and style of 'Kedar Lodge' in the first and second floor of the said premises with the knowledge and consent of the opposite party No.l. The said floors are also used by the petitioner as her personal residential accommodation. The opposite parties No.2 to 4 are relations of the opposite party No. 1. For illegal gain, the opposite parties Nos. 1 to 4 are making conspiracies for dispossessing the petitioner from lawful possession of the said premises for which the petitioner informed the local P.S. on 4.1.95, and apprehending serious breach of peace, the police issued a notice under section 154, I.P.C. to the petitioner and the opposite parties No. 1 to 4. The opposite parties accompanied by their associates forcibly broke open the main entrance door of Kedar Lodge on 4.1.95, criminally trespassed into the property, ransacked it and looted valuable movables lying in Kedar Lodge and fled away. The petitioner forthwith lodged a complaint with the Chief Judicial Magistrate, Howrah who sent the complaint to police for investigation under section 156(3) of Cr.P.C. out of which Bally P.S. Case No.4/95 dated 5.1.95 was registered and is under investigation. The opposite parties have not stopped their activities in their design to forcibly evict the petitioner permanently from the premises and the petitioner was apprehending forcibly dispossession from the said property at the instance of the opposite parties No.l to 4. There is serious apprehension of breach of peace and unless the petitioner's possession in the premises concerned is not protected, there is likelihood of loss of life.