LAWS(CAL)-2018-5-93

HAFIZA BIBI Vs. NOOR MOHAMMAD & ANR

Decided On May 08, 2018
Hafiza Bibi Appellant
V/S
Noor Mohammad And Anr Respondents

JUDGEMENT

(1.) This revisional application is directed against the order No.64 dated 19.07.2016, passed by the Learned. Civil Judge (Junion Division), Additional Court, Chandernagore in Title Suit No.704/2014 by which an application under Order XXVI, Rule 9 of the Code of Civil Procedure is rejected.

(2.) The petitioner's case briefly stated is that on 13.05.1993 petitioner purchased two and half satak land situated at J.L. No.67, R.S. Khatian No.378, Dag No.589, Hal Dag No.373 under Mouza - Champadanga, P.S. Tarakeswar, District - Hooghly and got her name recorded in the L.R. Record of Rights.

(3.) The petitioner made the boundary wall after leaving 2 ft. width from South to North and 35 ft. length from East to West according to Panchayet Act. Thereafter on 06.12.2012 the opposite parties with ill motive have constructed a boundary wall by encroaching the petitioner's plot of land which was left after making boundary 2 ft. width and 35 ft. length according to Panchayet Act, whereupon the opposite parties have no right, title and interest and on protest the petitioner was threatened with dire consequences and that is why the petitioner lodged a complaint before Tarakeswar P.S. vide G.D.E. No.259 of 2012 and subsequently filed an application under section 144 of Cr. P.C.