AMULYA SAHA Vs. NARESH CH. ROY

JUDGEMENT

(1.) Heard Ms. P. Chakraborty, the learned counsel for the petitioner and Mr. G.N. Sahewalla, the learned Senior Counsel assisted by Ms. S. Todi for the respondents.

(2.) The instant application under Article 227 of the Constitution of India is directed against the writ issued on 25/03/2019 and the notice dtd. 25/04/2019 on being in violation to the mandatory provisions of Order XXI Rule 35(1) and 36 of the Code of Civil Procedure, 1908 (for short "the Code") and for a direction to adequately compensate the petitioners for illegally destroying the immovable property on 02/04/2019.

(3.) The brief facts of the instant case is that the petitioners herein as plaintiffs had instituted a suit being Title Suit No. 8/1999 seeking a declaration of their tenancy rights and confirmation of possession as well as for permanent injunction restraining the defendants therein from selling out the suit premises. The said suit premises consisted of 1 katha 5 lechas out of 2 katha 10 lechas of land covered by Patta No.74/469 of Dag No. 707 situated at Barpeta Road Mouza Goubardhan in the district of Kamrup(Metro), Assam. In the said suit the defendants had filed a counter claim. In the said counter claim the case of the defendants were that the petitioners were not paying rent to the landlord ever since 1960 and the therefore, the original landlord had executed the power of attorney in favour of the Defendant No. 18 who also failed to realize the rent from the petitioners and had subsequently purchased the entire land including the suit premises on 20/01/1999 by way of a registered sale deed and acquired right, title and interest over the suit premises by mutating the names over the same. Thereafter repeated demands were made for payment of rent by the defendants which were not paid and there was a bona fide requirement of the suit premises and thus prayed for eviction of the petitioners/plaintiffs from the suit land along with payment of arrear rent from the year 1988.