VANI NIRMALYA DAS Vs. ELBIRD HATCHERY PVT. LTD.

JUDGEMENT

(1.) This revision under Sec. 115 of the C.P.C., 1908 has been filed by the petitioners(defendant nos.1 to 3 in the suit vide C.S. No.594 of 2010) against the Opposite Party No.1(plaintiff in the suit vide C.S. No.594 of 2010) arraying the Opposite Party No.2(defendant no.4 in the suit vide C.S. No.594 of 2010) praying for setting aside the impugned order dtd. 22/7/2019(Annexure-4) passed in the suit vide C.S. No.594 of 2010 by the learned 2nd Additional Civil Judge(Sr. Division), Cuttack.

(2.) The factual backgrounds of this revision, which prompted the petitioners (defendant nos.1 to 3 in the suit vide C.S. No.594 of 2010 pending in the court of the learned 2nd Additional Civil Judge, Sr. Division, Cuttack) for filing of the same is that, the Opposite party No.1 in this revision being the sole plaintiff filed the suit vide C.S. No.594 of 2010 against the petitioners and Opposite Party No.4 of this revision arraying them as defendants praying for a declaration that, the defendants have no right to deal with the suit land in any manner and also to declare that, defendant nos.1 to 3 have no right to create the sale deed or any other deed of conveyance in respect of the suit land in favour of any third party and to injunct/restrain the defendants from executing any deed of conveyance in respect of the suit land and to declare the RSD No.1944 dtd. 19/7/2010 executed by the defendant nos.1 to 3 in favour of the defendant no.4 in respect of such suit land as illegal, void and to declare that, said deed has not created any title in respect of the suit land in favour of the defendant no.4 and to injunct the defendant no.4 permanently from coming upon the suit land and from interfering with the peaceful possession of the plaintiff over the suit land along with other relief(s), to which, the plaintiff is entitled for stating in the plaint that, the suit schedule land being the Government land, the same was leased out in favour of an unregistered firm, namely, M/s. Elbird Hatchery through its proprietor Debi Prasad Das(predecessor of defendant nos.1 to 3) in the year, 1987.

(3.) Subsequent thereto, the plaintiff company came to know that, the defendant nos.1 to 3 have sold the land of the plaintiff company, i.e., to the suit land to the defendant no.4 through RSD No.1944 dtd. 19/7/2010 illegally behind the back of plaintiff company giving without delivery of possession of the suit land to the defendant no.4, because, the plaintiff company is in possession over the suit land being the actual lessee of the same. The so-called Sale Deed No.1944 dtd. 19/7/2010 said to have been executed by the defendant nos.1 to 3 in favour of the defendant no.4 in respect of the suit land is illegal and void ab initio. For which, the plaintiff company filed the suit vide C.S. No.594 of 2010 against the defendants praying for the relief(s) indicated above in Para No.2 of this judgment.