SOMEJAHAN SAIKIA Vs. SUJIT KUMAR DAS AND OTHERS

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the judgment and order dated 19.1.2007 passed by the learned Single Judge in WP(C) No. 2711/2002, the Appellant (Respondent No. 5 in the writ petition) has filed this appeal.

(2.) We have heard Mr. M. Singh, learned Counsel for the Appellant and Mr. P.K. Roy Choudhury, learned Counsel for the Respondent-writ Petitioner.

(3.) The pleaded case of the writ Petitioner in the aforesaid writ petition, inter-alia, is that the elder brother of the writ Petitioner took on rent a shop premise from the father of the Appellant on 1.11.1954 under Municipal Holding No. 223 of Ward No. XV of the Nagaon Municipal Board, which was used for running their business under the name and style "M/s. Radha Govinda Medical Hall". After the expiry of the elder brother of the writ Petitioner as per family arrangement he was looking after the affairs of the said business duly complying with the obligation of tenancy. But with a view to evict the writ Petitioner from the aforesaid tenanted premises, the Appellant instituted a proceeding under Sec. 144, Code of Criminal Procedure, in the Court of the Additional District Magistrate, Nagaon, alleging, inter alia, that the writ Petitioner is a trespasser to the tenanted premises and tried to take possession of the said land as he was a tenant of the said premises for some time; and that the Appellant is in peaceful possession of the aforesaid tenanted premises and the writ Petitioner is trying to obstruct him and dispossess from his parental property and, as such, there is apprehension of breach of peace and tranquility in the area. It is also alleged that the Appellant having been in possession of the said premises for long time, the writ Petitioner has no right to enter therein. On such allegations, the Appellant prayed for passing an order directing the writ Petitioner not to enter the premises described in the schedule of the application and to cause breach of peace and tranquility in the area.