SEKH MD. AZIZ Vs. METHU SINGH

JUDGEMENT

(1.) Let the affidavit of service filed in Court today be kept on record.

(2.) The present challenge is directed at the instance of the plaintiffs in a suit for declaration of title and for permanent injunction restraining the defendant from changing the nature and character of the suit property. By the impugned order, the defendant was permitted to cultivate and harvest the suit land until he is ejected by due process of law, on an application filed by the defendant/opposite party for the said purpose. The plaintiffs, in the plaint, alleged that although the defendant was a bargadar in respect of the suit property, the defendant stopped cultivation of the land and the plaintiffs are now in possession of the land, but the defendant is illegally starting construction of a pucca house over the suit property necessitating the suit.

(3.) Learned counsel for the petitioners argues that the impugned order was without jurisdiction inasmuch as the civil court was debarred from passing such an order under Section 18 of the West Bengal Land Reforms Act, 1955, since the concerned officer had the exclusive jurisdiction to take up an application for restoration of land and cultivation to bargadar under Section 19B of the 1955 Act.