SANKAR CHAKRABORTY Vs. PRATAP CHAKRABORTY

JUDGEMENT

(1.) This revisional application under section 115 of the Code of Civil Procedure is at the instance of a defendant in a suit for declaration and injunction and is directed against order dated July 31, 1999 passed by the learned Assistant Civil Judge, Senior Division, Sealdah in Misc. Appeal No. 5 of 1999 thereby affirming Order No. 39 dated Feb. 5, 1999 passed by the learned Civil Judge, Junior Division, 2nd Court, Sealdah disposing of applications for temporary injunction filed by the parties by directing the parties to maintain status quo.

(2.) The opposite party No. I filed a suit being Title Suit No. 498 of 1994 in the Court of Civil Judge, Junior Division, 2nd Court, Sealdah thereby praying for a declaration that the opposite party No. 1 has got every right to occupy the suit property and for permanent injunction restraining the defendants and their men and agents from causing any interference or obstruction in the peaceful enjoyment of the suit property by the plaintiff. It may be maintained here that two rooms with a sitting room of the front side and bath and entire roof of Premises No. 22 Congress Exhibition Road, Calcutta - 17 is the subject matter of the said suit.

(3.) The case made out by the opposite party No. 1 in the aforesaid suit was that the mother of the parties, since deceased, was the actual owner of the property and the plaintiff became absolute owner of the roof of the property by way of a gift dated July 19, 1988 executed by the said mother. Similarly, as regards the other portion of the suit properties, according to the plaintiff, he got the said property by virtue of a deed of settlement dated Oct. 2, 1981 and thus claimed absolute right over the aforesaid suit property.