AMINUL ISLAM Vs. JANNATUN NISHA

JUDGEMENT

(1.) The present revision arises from a suit for declaration and permanent injunction. The petitioners are the defendant nos. 1 and 2 in the said suit. In the suit, the plaintiffs/opposite party nos. 1 to 7 filed an application for temporary and ad interim injunction, which was allowed on contest by the trial court vide order dated June 12, 2018, thereby directing status quo to be maintained with respect to the possession as on that date. The defendants were further directed not to make any construction or act of demolition in the suit property till disposal of the suit, without leave of the court. The plaintiffs were directed to take steps for impleading the debuttar estate, Sri Sri Radha Kanto Thakur by the next date. Being aggrieved by such injunction, the petitioners preferred a miscellaneous appeal bearing Miscellaneous Appeal No.31 of 2018, which was ultimately dismissed on contest by the impugned order, thereby affirming the order of the trial court.

(2.) The petitioners argue at the outset that the plaintiffs have made contradictory claims of ownership on the one hand, and leasehold right on the other, in respect of the suit property. It is argued that in the year 1917, the superior landlords/owners of the property gave a lease to Gaffar, the predecessor-in- interest of the plaintiffs/opposite parties, for 51 years, which expired in the year 1968.

(3.) During pendency of such lease, in the year 1945, the lessee Gaffar sub-let the property to the predecessor-in-interest of the petitioners (namely one Nabi).