KALPITA DEB Vs. KAJORI DEB

JUDGEMENT

(1.) 01.11.2019 Heard Mr. AK Purkayastha, learned counsel for the petitioner and Mr. B Sharma, learned counsel for the respondent nos. 1 to 5. Also heard Mr. VK Chopra, learned counsel for the proforma respondent no. 6.

(2.) The petitioner is aggrieved by an order passed in Misc.(J) Case No. 1912014 arising out of T.S. 1252014 by the learned Munsiff No. 1, Kamrup (M) at Guwahati. The petitioner is the daughter of Late Subodh Kumar Deb who was given the share of land measuring 3K 14L covered by Dag No. 34 of KP Patta No. 767 of village Ulubari Part-II, Mouza Ulubari in the district of Kamrup(M) and another plot of land measuring 2K 1- 1/2L under Dag No. 15 of KP Patta No. 433 of the same revenue village and mouza. Subodh Kumar Deb died leaving behind the petitioner Kalpita Deb and her brother Late Somnath Deb who jointly inherited the said share of their father. The petitioner due to the service of her husband had to reside away from the suit land and as alleged, during the said period behind the back of the petitioner the said brother interfered with her due share over the said land stated hereinabove. Late Somnath Deb inducted tenants thereon giving rise to dispute between Somnath Deb and on his death his legal heirs and the tenants.

(3.) One of the tenants, proforma respondent no. 6 filed TS No. 1252014 in the court of learned Munsiff No. 1, Kamrup (M) against the legal heirs of Late Somnath Deb seeking for the relief that the said tenant may not be ousted from the tenanted premises without going through due process of law. Therein the said suit an application under Order XXXIX Rule 1 and 2 CPC was filed which was registered as Misc. (J) Case No. 1912014.