TARKESHWAR PRASAD GUPTA Vs. ASHOKE YADAV

JUDGEMENT

(1.) This appeal is directed against an Order dated 6.6.98 passed by Sri T.M. De, Judge City Civil Court in Title Suit No. 1784 of 1997 whereby and whereunder the said learned Court refused to grant an order of injunction in favour of the appellant.

(2.) The case of the plaintiff, in short is that he is a thika tenant in respect of the holding No. 63 Kali Krishna Tagore Street within P.S. Burrabazar, Calcutta-7 measuring 1416" in width running from East to West and 313" in length from North to South. Allegedly the plaintiff had constructed a two storeyed building in 1957 wherein he carries on a business in partnership with his brother Rambali Shaw on the ground floor of the structure under the name and style of Ram Pratap & Co. allegedly on the Eastern wall and Southern wall of the building of the plaintiff, there are two windows are in each wall. To the South that is back side of the plaintiffs structure there allegedly exists an open passage running from West to East, which was part of the land belonging to the Zaminder of holding No. 63, Kali Krishna Tagore Street. To the further South of the passage is land appertaining to 231, Maharshi Debendra Road, Calcutta-7 wherein one Ganeshlal Yadav was the thika tenant who constructed running from East to West parallel to the South of the open passage. The defendants are heirs of the aforementioned Ganeshlal. The defendants allegedly covered the open passage by erecting a tin shed, but upon objection of the plaintiff they assured that the construction was temporary in nature and the same would be removed.

(3.) However, allegedly contrary to their assurances they have constructed two columns adjacent to the back side wall of the plaintiffs structure. A complaint in that regard was lodged with the Burabazar P.S. and upon intervention of the police authorities the construction was stopped. However, on 13.7.97 the defendant again forcibly made further constructions.