JITESH PANDEY Vs. URMILATA SINHA AND ORS.

JUDGEMENT

(1.) This revisional application under Sec. 115 of the Code of Civil Procedure is at the instance of a plaintiff in a suit for declaration of title and permanent injunction and is directed against order dated June 5, 1999 passed by the learned Additional District Judge, 7th Court, Alipore in Misc. Appeal No. 230 of 1999 thereby setting aside order dated April 19, 1999 passed by the learned Civil Judge, Senior Division, 5th Court, Alipore in Title Suit No. 64 of 1999.

(2.) The petitioner herein filed a suit being Title Suit No. 64 of 1999 in the 5th Court of learned Civil Judge, Senior Division, Alipore praying, inter alia, for a decree for declaration that he is a monthly tenant at will of the north-eastern portion of the ground floor of the suit premises as mentioned in the schedule of the plaint and for permanent injunction restraining the opposite parties from disturbing his peaceful possession in the suit property. In the said suit, the petitioner further prayed for a decree for declaration that the opposite party Nos. 1 and 2 had no right or authority to evict the petitioner otherwise than in due course of law. A further decree for permanent injunction restraining the opposite party No. 3 and/or his men and agent from doing any wrongful act to dispossess the petitioner from the suit property was also prayed.

(3.) In connection with the aforesaid suit, the petitioner filed an application for temporary injunction restraining the opposite parties from interfering with the possession of the petitioner and his family in the suit property.