ANWAR HUSSAIN LASKAR Vs. SITAL CHANDRA PAUL

JUDGEMENT

(1.) Heard Ms. R. Choudhury, the learned counsel for the petitioner. Also heard Mr. N. Dhar, the learned counsel for the respondents.

(2.) The present petitioner filed Title Suit (Wakf) Case No.01/2013 before the learned Wakf Tribunal, Cachar at Silchar against the present respondents. In the plaint, it is pleaded that the suit land belongs to Anjab Ali Laskar Wakf Estate and the suit is filed through its Mutawalli. Before creation of the Wakf in the year 1955 the father of the defendant/respondent, late Chittajanjan Paul possessed the suit land as a permissive occupier running a grocery shop at a monthly rent of Rs.10. The said shed was renovated at the request of the father of the respondent and thereafter, the rent was enhanced to Rs.15 per month. On being asked to vacate the suit land, late Chittaranjan Paul refused to vacate the same and after closing the grocery shop maintained his possession over the suit land temporarily. The plaintiff/petitioner came to know in the month of April 2013 that a Section 144 Cr.P.C. proceeding was initiated at the instance of the respondent and by way of an order dated 06.03.2013 the plaintiff/petitioner was restrained from entering into the suit land in Case No. 81M/2013. A criminal revision petition was also filed by the petitioner in the Court of learned Additional Sessions Judge, Cachar at Silchar and the order dated 06.03.2013 was stayed vide order dated 18.04.2013 passed by the revisional court.

(3.) On the basis of the said pleadings, the plaintiff/petitioner sought for the following reliefs:-