PADMABATI DAS Vs. DHIREN KALITA

JUDGEMENT

(1.) Heard Mr. BK Bhagawati, the learned counsel appearing on behalf of the petitioners. Mr. AK Sarma, the learned counsel who appears on behalf of the respondent Nos. 1 and 2.

(2.) The revisional jurisdiction of this Court under Sec. 115 of the Code of Civil Procedure 1908 (for short, 'the Code) has been invoked challenging the judgment and order dtd. 15/6/2024 passed in Title Suit No.02/2014 whereby the suit which was filed under Sec. 6 of the Specific Relief Act, 1963 (for short, 'the SR Act') was dismissed.

(3.) At the outset, it is very pertinent to take note of that a perusal of Sec. 6 of the SR Act shows that what is envisaged in such proceedings is a suit of a summary nature. The question which is required to be adjudicated in such suit is as to whether the plaintiff was in possession of the suit land within 6(six) months from the date of filing of the suit and if dispossessed, otherwise, than in due course of law. The judgment of the Supreme Court in the case of Sanjay Kumar Pandey and Ors. Vs.Gulbahar Sheikh and Ors. reported in (2004) 4 SCC 664 at paragraph 4 and 5 being relevant are quoted hereinbelow: