ISWAR SHIV THAKUR Vs. AMAR NATH DAW

JUDGEMENT

(1.) This is an appeal arising out of an order dated July 22, 1993 passed by a Single Bench of this court in o.s. suit No. 135 of 1992, whereby an originating summons was dismissed upon a preliminary point without answering any of the questions raised therein.

(2.) The impugned order is a short one and, therefore, for convenience's sake, the relevant extract of the said order needs be first set out as follows:-

(3.) As to the questions sought to be answered by the trial court it is to be found that the sole target was to establish on record that the defendant No.1 came in possession of the disputed premises No. 8,9 and 11, Dinu Rakshit Lane, being the Debutter Estate under trust as a Shabaits during his pala commencing on August 2, 1990 and that the subsequent claim of the defendant No.1 over the same as a monthly tenant in collusion with and connivance of the defendant No.2 (the then Secretary) of the Trust Board was invalid and unlawful. With this end in view, the questions as set out in the summons may be enumerated as given below :-