SOMA SHARMA HALDER Vs. GOURI HALDER

JUDGEMENT

(1.) THIS revision under Article 227 of the Constitution of India challenges the judgment of the appellate Court in Misc. Appeal No. 393 of 2006 of learned Additional District Judge, 10th Court, Alipore arising out of order dated 24. 8. 06 in Title Suit No. 169 of 2006 in the 3rd Court of learned Civil judge, Junior Division, Alipore, South 24-Parganas.

(2.) SMT. Soma Sharma and her husband Om Prakash Sharma filed the t. S. No. 169 of 2006 in the 3rd Court of learned Civil Judge, Junior Division, alipore for a decree of declaration that the plaintiffs are the co-tenants under the defendant No. 1 Smt. Gouri Haider in respect of the suit premises consisting of one room beneath the staircase, common bath, privy and verandah in the ground floor and two rooms and verandah on the first floor and thakur ghar and roofs of both sides of the second floor in 86, Purna Mitra Lane described in details in Part A of the plaint schedule. The plaintiffs have also claimed their tenancy in respect of two rooms and kitchen, bathroom, privy in the adjacent land described in Part B of the schedule. The plaintiffs have also prayed for permanent injunction.

(3.) THE plaintiffs case is that the entire suit property originally belonged to Tulsi Haider who bequeathed the suit property to the defendant No. 1 Smt. Gouri Haider i. e. his wife and the defendant No. 2 i. e. Basudev Haider, his son by a Will which was probated in the Court of competent jurisdiction. By the said Will the testator's wife Gouri Haider i. e. the defendant No. 1 got life interest after the death of the testator Tulsi Haider. It was also stated that during such possession during the life time of the defendant No. 1 she was permitted to induct monthly tenants in respect of the suit premises ; but, she was not empowered to make any sale or gift in respect of the same. It was further provided that after the death of Gouri Bala Haider the defendant No. 2 would get the suit property with 16 annas interest therein.