BACHASPATI BHATTACHARYA Vs. MIRA BHATTACHARJEE

JUDGEMENT

(1.) THIS first appeal is at the instance of one of the defendants in a suit for injunction and is directed against the judgment and decree dated August 6, 2001 passed by the learned judge. 2nd Bench, City Civil Court at calcutta, in Title Suit No. 1462 of 1994 thereby passing a decree for permanent injunction restraining all the defendants, their men, agents and servants from disturbing or interfering with the possession and occupation of the plaintiff in three rooms in the first floor of the premises as mentioned in schedule 'a' to the plaint as well as the kitchen on the ground floor as mentioned in schedule 'b' to the plaint. The defendants were further injuncted from creating obstruction in plaintiff's occupation and enjoyment of 'a' and 'b' schedule property of the suit premises.

(2.) IN the plaint, the plaintiff has claimed to be a co-sharer of 1 /35th share in a three-storied building situated at 62, Bidhan sarani, Calcutta and according to her, she was in exclusive possession of the entire first floor of the said premises consisting of three rooms as well as kitchen and covered veranda on the ground floor.

(3.) IT is alleged that she is widow of one of the sons of the original owner of the property and all her daughters are married and taking the advantage of her helpless situation, the defendant No. 1, her brother-in-law, was trying to create obstruction and disturb possession, as a result, in the past. the plaintiff had to approach the local Police Station. Hence, the suit for permanent injunction.