SAGHIRA BANO Vs. MAHMOOD ALAM

JUDGEMENT

(1.) In the present application under Section 227 of the Constitution of India, the petitioner has challenged the order dated 12-04-2018 passed by the Learned Civil Judge (Junior Division), 2nd Court, Sealdah in Title Suit No. 222 of 2017.

(2.) The petitioner submits that the plaintiffs/opposite parties filed the suit before the learned trial Court praying for decree for declaration and permanent injunction, claiming to be thika tenants in respect of the disputed property. On the prayer of the plaintiffs, the learned trial Court granted an order of adinterim injunction in their favour following which the defendant/petitioner appeared in the suit and filed an application under Order VII Rule 11 of the Code of Civil Procedure, praying for rejection of the plaint. The defendant/petitioner's contention before the learned trial Court was that the property being a thika property, the Court had no jurisdiction to try the suit and determination of title in respect of the property was within the domain of the Thika Controller.

(3.) The plaintiffs/opposite parties support the order impugned and submit that the learned trial Court has rightly held that as the dispute in the suit was between a thika tenant and a third party who was claiming title in respect of the property, such dispute was triable by the Civil Court and there was no bar under the law to decide such a dispute.