BYOMKESH CHAKRABORTY Vs. SK SAJAHAN

JUDGEMENT

(1.) The impugned order No.7 dated 2nd Feb., 2019 passed by Learned Civil Judge, (Junior Division), 1st Court, Paschim Medinipur in Title Suit No.742 of 2018 allowing two applications one for repairing of the suit premises, and another for police help is the subject of challenge in this revisional application under Art. 227 of the Constitution of India.

(2.) In connection with a suit instituted on 20.11.2018, wherein plaintiff/opposite party sought for declaration of his tenancy right, two separate petitions, dated 31.1.2019, came to be filed by filing a put up petition, before returnable date fixed for the purpose, praying for repairing of the suit premises and also for police help, both under Sec. 151 of the C.P.C.

(3.) Learned advocate for the petitioners submitted that they were the true and real owners of the suit property in respect of which tenancy declaration had been sought for by the plaintiff/opposite party, and in spite of being real owners of the suit property, the prayer for repairing as well as police help was granted behind the back of the true/real owner of the suit property, even before the returnable date fixed contravening the principle of natural justice, and thus sought for interference by this Court for the illegality committed by the court below in allowing the prayer for repairing as well as the police help in the absence of the defendants/true owners of the suit property.