RABIAL HAQUE MONDAL Vs. MOZIBAR RAHMAN

JUDGEMENT

(1.) Heard Mr. JR. Bordoloi, learned counsel for the defendant/petitioner and Mrs. R Choudhury, learned counsel for the respondent/plaintiff.

(2.) Challenge in this revision petition is to the order dated 05.03.2019 passed by the learned Civil Judge Dhubri in Misc Appeal No.11/2017, whereby the learned Civil Judge allowing the appeal set-aside the order passed by the learned Munsiff and granted temporary injunction against the defendant/revision petitioner.

(3.) The brief facts leading to the present revision may be stated as thus:- the respondent herein as plaintiff, filed a suit being Title Suit No.281/2017, praying for declaration of right title and interest, cancellation of deed, confirmation of possession and permanent injunction. The case of the plaintiff was that he was the owner of the suit land having right title & interest. However, the defendants/petitioners got a sale deed executed in their favour by practicing fraud and coercion and therefore, the plaintiff filed the suit for relief as indicated above. The plaintiff also filed an application under Order 39 Rule 1 & 2 praying for temporary injunction restraining the defendants from interfering with the possession of the plaintiff over the suit land. The defendants contested the suit as well as the petition for temporary injunction by filing written statement/objection stating interalia that the plaintiff sold the suit land to the defendants by executing a sale deed and by virtue of such sale deed, the name of the defendants were mutated and patta was also issued. It was further stated that at the behest of the plaintiff No.2, purported attorney of the plaintiff No.1, the suit was filed with concocted story for illegal gain.